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STATE OF OKLAHOMA
Department of Mental Health and Substance Abuse Services
Title 43A
Mental Health Law
November 1, 2010 thru
October 31, 2011 This book is published by the Oklahoma Department of Mental Health and Substance Abuse Services. It contains the unofficial text of Title 43A of the Oklahoma Statutes. Effort has been made to insure this text is the same as the official version.
For additional copies of this publication contact
ODMHSAS Resource Center
Shepherd Mall – Suite 82
2401 NW 23rd Street
Oklahoma City, Oklahoma 73107
(405) 522-3810
or
www.odmhsas.org
This publication printed and issued by the Oklahoma Department of Mental Health and Substance Abuse Services, as authorized by Terri White, Commissioner. Six hundred (600) copies have been prepared and distributed at an approximate cost of fifteen hundred dollars ($1500). Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries.
TITLE 43A
MENTAL HEALTH LAW
SHORT TITLE, PURPOSE, DEFINITIONS, POLICY
1-101 Mental Health Law
1-102 Purpose
1-103 Definitions
1-104 Public Policy
1-105 Mental or Legal Incompetence – Presumptions
1-106 District Attorney to Represent State in Proceedings for Involuntary Admissions
1-107 Venue
1-108 Habeas Corpus
1-109 Privileged, Confidential Nature of Medical Records and Physician/Client Communications
1-109.1 Designation of Family Member as Treatment Advocate - Treatment Advocate Consent Form
1-110 Reimbursement of Sheriffs from Department of Mental Health and Substance Abuse Services
DEPARTMENT AND BOARD OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
2-101 Department of Mental Health and Substance Abuse Services
2-102 Charge and Control of Institutions in Department
2-103 Board of Mental Health – Members – Meetings – Official Action – Duties – Travel Expenses – Members' Service on Board of Medical Licensure and Supervision
2-104 Surplus Equipment – Purchasing Agent – Authorization to Spend Funds on Recreational Facilities
2-105 Board of Mental Health and Substance Abuse Services as Mental Health and Substance Abuse Services Authority
2-106 Donations, Grants, Devises, and Bequests – Investment of Funds – Lease or Sale of Property – Annual Account to State Auditor and Inspector
2-107 Approval of Easements, Leases, etc. – Deposit of Monies
2-108 Investigation into Care and Treatment of the Mentally Ill – Resolution of Complaints – Confidentiality of Records
2-109 Office of Consumer Advocacy – Authority of Advocate General – Confidentiality – Disclosure
2-110 Citizen Advisory Group
2-111 Creation of Real Property Trust
2-150 to 2-152 Repealed
COMMISSIONER
EXECUTIVE DIRECTORS,
OFFICERS, EMPLOYEES,
COUNSEL
2-201 Qualifications and Salary of Commissioner of Mental Health and Substance Abuse Services
2-202 Repealed
2-202.1 Powers and Duties Commissioner of Mental Health and Substance Abuse Services
2-203 Classifications of Employee Positions
2-204 Repealed
2-205 Internal Audit Program
2-206 Legal Services
2-207 Authority of Commissioner to Employ Personnel and Counsel
2-208 to 2-212 Repealed
2-213 Chaplain
i
2-214 Training Schools or Facilities for Personnel
2-215 to 2-217 Repealed
2-218 Misuse or Misappropriation of Funds a Misdemeanor – Punishment
2-219 Abuse to Consumers a Felony – Punishment
2-220 Failure of Superintendent to Report Abuse to County Officers a Misdemeanor
2-221 Services of Other State Agencies – Contracts with Employees of Other State Agencies
2-222 to 2-223 Repealed
2-224 Authority to Collect Information
OFFICES, RECORDS, FUNDS, INSURANCE, PURCHASING
2-301 Office, Records and Files
2-302 Petty Cash Fund at Central Office
2-303 Department of Mental Health and Substance Abuse Services Revolving Fund
2-304 Malpractice Insurance for Certain Employees
2-305 Authorization to Purchase
2-306 State Board of Public Affairs Purchasing Agent
2-307 Trust for Benefit of Any Insane Person or Persons
2-308 to 2-309 Repealed
2-310 Creation of Intra-agency Reimbursement Revolving Fund
2-311 Community-based Substance Abuse Revolving Fund
2-400 Repealed
DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES INSTITUTIONS
3-101 Institutions Maintained for
Residents
3-101.1 to 3-101.6 Repealed
3-102 The Carl Albert Community Mental Health Center – Jim Taliaferro Community Mental Health Center
3-103 Central Oklahoma Community Mental Health and Substance Abuse Services Center
3-104 Repealed
3-105 Children's Recovery Center of Oklahoma, Norman, Oklahoma
3-106 Authority to Establish Community Mental Health Services
3-107 Drug and Alcohol Treatment Centers – Petty Cash Funds – Authority to Transfer Property, Records, Supplies, Funds, etc.
3-107a Creation of Western State Psychiatric Center at Fort Supply
3-107b Tulsa Center for Behavioral Health
3-108 Treatment and Rehabilitation of Minor Drug Addicts
3-109 Canteens
3-110 Repealed
3-111 Land, Buildings, and Equipment – Cooperative Agreements to Provide Certain Services – Records
3-112 Permission for Department to Become Members of Public or Private Behavioral Health Consortiums
3-113 and 3-113.1 Repealed
3-113.1 Task Force on Behavioral Health
3-201 Statewide System of Precare and Aftercare Services
3-250 Repealed
UNIFIED COMMUNITY MENTAL
HEALTH SERVICES ACT
3-301 Short Title
3-302 Definitions
3-303 to 3-305 Repealed
3-306 Board of Mental Health and Substance Abuse Services – Responsibilities and Authority
ii
3-306.1 Rules and Standards for Certification as Community Mental Health Center
3-307 to 3-309 Repealed
3-310 Contracting Nonprofit Private Agencies to Submit Budget, Salary and Employee Benefits Information to Department
3-311 Funds
3-312 to 3-314.2 Repealed
3-315 Minimum Standards for Program Certification for Community Residential Mental Health Programs – Classification – Termination – Fees – Compliance
3-315.1 Development and Implementation of Procedures that Offer Residential Care Facilities
3-315.2 Repealed
3-315.2a Action for Injunction
3-316 Repealed
3-317 Community-Based Structured Crisis Center – Certification – Operation – Compliance
3-318 Rules and Standards for Certification of Behavioral Health Case Managers – Application for Certification – Fee – Titles – Compliance
3-319 Rules and Standards for Certification of Program of Assertive Community Treatment
3-320 Certified Eating Disorder Treatment Programs – Definition – Applications for Certification – Exemption – Fee – Compliance
3-321 Action for Injunction Against Eating Disorder Treatment Program
3-222 Certified Gambling Addiction Treatment Programs – Rules – Applications for Certification – Exemption – Fee – Compliance
3-323 Action for Injunction Against Gambling Addiction Treatment Program
3-324 Certification and Renewal Fees
3-325 Authority to Contract
3-326 Certification as Peer Recovery Support Specialist – Rules – Application – Fees – Titles – Penalties
OKLAHOMA ALCOHOL AND DRUG ABUSE SERVICES ACT
3-401 Short Title
3-402 Public Policy – Purpose
3-403 Definitions
3-404 Repealed
3-405 Use of Monies
3-406 Repealed
3-406.1 Purchase of Alcohol and Drug Therapy – Authority of Board of Mental Health and Substance Abuse Services and Oklahoma Health Care Authority Board
3-407 to 3-414 Repealed
3-415 Certified Services for the Alcohol and Drug Dependent – Application – Time Frame – Penalties – Exemptions – Standards – Publications – Fees – Confidentiality
3-416 Standards – Treatment Services and Rules of Operation – Guidelines
3-417 Application for License
3-417.1 Location of Treatment Facility, Transitional Living Center, or Halfway House Subject to Zoning Ordinances
3-418 to 3-423 Repealed
3-424 Rights of Consumer in Inpatient or Residential Mental Health or Substance Abuse Facility – Restrictions
3-425 Alcohol- and Drug-Dependent Person with Associated Medical Problems – Treatment
3-425.1 Education in Treatment Facility on H.I.V.
3-426 Fees and Costs – Payment
3-427 Alcohol- or Drug-Dependent Person Who is Also Deemed Mentally Ill Person
iii
3-428 Intoxicated Person in Public Place – Assistance – Protective Custody – Detention
3-429 Emergency Service Patrols
3-451 Definitions
3-452 Courts - Conditional Participation in Drinking Drivers Course
3-453 Institutions and Organizations that May Offer Courses – Fees – Limitations on Enrollment – Rules – Course Sessions – Reimbursement – Revolving Fund – Compliance
3-453.1 Action for Injunction – Operating Alcohol and Drug Substance Course Without Certification
3-453.2 Facilitator Certification – Requirements for Twenty-Four-Hour Course – Time Requirements
3-460 Alcohol and Drug Assessment Personnel – Fees – Rules – Transfer of Unobligated Monies – Compliance
3-460.1 Action for Injunction – Performing Alcohol and Drug Assessments Without Certification
3-461 Certification to Offer Alcohol and Drug Substance Abuse Course Assessments – Authority to Promulgate Rules and Standards
OKLAHOMA COMPREHENSIVE
MENTAL HEALTH SERVICES FOR
THE DEAF AND HARD-OF-HEARING
ACT
3-501 to 3-503 Repealed
NARCOTIC TREATMENT PROGRAMS
3-601 Opiod Substitution Treatment Programs – Addicted Persons – Felons – Registry – Rules and Standards ��� Closure
3-602 Case Review Teams
3-603 Fees – Termination from Program – Rules and Regulation for Implementation of Act
TREATMENT OF INMATES IN CORRECTIONAL FACILITIES
3-701 Repealed
3-701a Renumbered as 57 O.S. § 627 by Laws 2007, SB 523, c. 337, § 2, emerg. eff. June 4, 2007
3-702 Mentally Ill Persons – Examination – Transfer to State Mental Institution –Outpatient Treatment – Costs – Expiration of Sentence
3-703 Repealed
CARE AND TREATMENT IN FACILITIES WITHIN OR CERTIFIED BY THE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
4-101 Humane Care and Treatment – Food – Discipline – Medical Care
4-102 Individualized Treatment Plans – Requirements
4-103 Repealed
4-103.1 Executive Director’s Custody and Control of Consumer
4-104 Major Operations on Consumer
4-105 Service of Process on Consumer
4-106 Mechanical Restraints Prohibited – Exceptions – Record of Use
4-107 Repealed
4-107a Rights of Consumer in Inpatient or Residential Mental Health Facility
4-108 Labor by Consumers
4-109 Repealed
COSTS OF TREATMENT AND CARE
4-201 Liability of Consumer for Care and Treatment – Inability to Pay Shall Not Limit Admission iv
4-202 Determination of Amount Payable – Limitation of Amount
4-203 Reduction or Waiver of Liability in Accordance With Ability to Pay
4-204 Cost of Care and Treatment Payable Monthly Except as Otherwise Agreed Upon – Statements
4-205 Duty of Guardian to Pay – Collection by Suit or Other Proceedings – Procedure
4-206 Proof of Indebtedness – Monies Deposited With State Treasurer to Credit of Revolving Fund of Such Institution
ADMISSIONS
5-101 Methods of Admission to Institution
5-102 Official Forms Necessary to Admission
5-103 Conspiracy to Have Person Admitted Unlawfully or Maliciously a Misdemeanor - Punishment
5-104 False Certification as to Mental Illness a Misdemeanor - Punishment
RIGHTS DURING DETENTION OR CONFINEMENT
5-201 Rights of Detained Persons upon Entry into Facility
5-202 Confinement of Persons Allegedly or Adjudged Mentally Ill
5-203 Conveyance of Females Patients
5-204 Treatment and Medication During Pre-Screening Detention – Liability – Seclusion or Restraint
5-205 Repealed
5-206 Definitions
5-207 Emergency Detention
5-208 Examination of Person in Protective Custody
5-209 Additional Period of Detention – Notification of Interested Parties of Detention
5-210 to 5-212 Repealed
MENTAL HOSPITAL VOLUNTARY ADMISSION PROCEDURES ACT
5-301 Short Title
5-301.1 Definition of "Person"
5-302 Status as Informal Patient
5-303 Liability for Refusing Admittance to Patient
5-304 Voluntary Admission to State and Private Institutions – Cost of Care and Treatment – Bond
5-305 Application for Voluntary Admission
5-306 Certificate of Physician
5-307 Questioning of Applicant by County Judge – Order
5-308 Order Authorizing Admission
5-309 Detention Against Will Prohibited – Notice of Desire to be Discharged
5-310 Mental Health Law Provisions Applicable
5-311 Procedure as Cumulative
5-401 to 5-402 Repealed
5-403 to 5-407 Renumbered as 43A O.S. § 5-416-420 by Laws 1997, HB 2024, c. 387, § 12, eff. Nov. 1, 1997
5-408 to 5-409 Blank
INVOLUNTARY COMMITMENT
5-410 Petition to the District Court
5-411 Rights of Person Alleged to be a Person Requiring Treatment
5-412 Notice of Hearing
5-413 Request for Prehearing Detention Order
5-414 Mental Health Evaluation – Report of Licensed Mental Health Professional
5-415 Hearing – Records
5-416 Alternatives to Hospitalization
5-417 Precommitment Examination – Matters Included
5-418 Precommitment Screening Examination – Copy of Order to be
v
Provided Examinee – Explanation of Examination
5-419 Modification Order – Notice – Contents of Notice
5-420 Review of Status of Persons Involuntarily Detained
5-421 Emergency Service Patrols – Standards
INPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT OF MINORS ACT
5-501 Short title – Public Policy – Legislative Intent
5-502 Definitions
5-503 Admission for Inpatient Mental Health or Substance Abuse Treatment
5-504 Responsibility and Jurisdiction Over Child Allegedly in Need of Mental Health Treatment
5-505 Repealed
5-505.1 Protective Custody and Detention – Mentally Ill, Alcohol-dependent or Drug-dependent Minor
5-506 Admission of Minor 16 Years or Older who Objects to Admission
5-507 Admission of Minor Who is Ward of Court or Alleged Deprived Child – Emergency Psychiatric Admission – Mental Health Evaluation
5-508 Mental Health Evaluation Report
5-509 Filing of Petition
5-510 Notice of Hearing on Petition – Appointment of Attorney – Independent Mental Health Evaluation
5-511 Hearings – Privacy – Transcript – Right to Silence – Decisions – Stipulation of Facts – Trial by Jury - Teleconference
5-512 Determination at Hearing – Commitment
5-513 Discharge Plan
5-521 Department of Mental Health and Substance Abuse Services Pilot Projects
TRANSFER, RELEASE OF NONRESIDENTS; OKLAHOMA RESIDENTS IN OUT-OF-STATE INSTITUTIONS
6-101 Transfer of Nonresident to Hospital in Resident State
6-102 Transfer of Patients to Federal Agencies for Care and Treatment
6-103 Admission of Mentally Ill or Mentally Retarded After Having Been So Admitted in Another State
6-104 Non-Resident Poor or Indigent Person Brought to State for Purpose of Placing in an Institution a Misdemeanor
INTERSTATE COMPACT ON MENTAL HEALTH
6-201 Interstate Compact – Form and Contents
6-202 Director of Department of Mental Health – Rules and Regulations to Effect Compact
6-203 Authority of Compact Administrator to Enter into Supplemental Agreements
6-204 Financial Obligations of State
6-205 Proposed Transferees – Consultation with Family – Approval of County Court
PATIENT DISCHARGE, LEAVE, ESCAPE AND PLACEMENT
7-101 Discharge – Grant of Convalescent Leave – Outpatient, Nonhospital, or Visiting Status – Notification of Discharge – Expense of and Procedure for Return to Facility
7-102 Discharge Planning
vi
7-103 Discharged or Convalescent Leave Patients to be Furnished Suitable Clothing – Expenses in Reaching Family or Friends
7-104 Placement of Homeless Patients
7-105 Personal Funds to be Delivered to Patient When Discharged
7-106 Delivery of Property to Patient, Guardian or Next of Kin – Unclaimed Property
7-107 Escape or Leave Without Permission – Notice – Discharge or Convalescent Leave – Apprehension
7-108 Taking Patient, or Assisting Escape, from Institution a Misdemeanor – Punishment
7-109 to 7-111 Repealed
7-112 Judicial Proceeding for Declaration of Restoration to Soundness of Mind – Procedure
7-113 Incompetence not Requiring Hospitalization – Guardian – Duties
PRIVATE HOSPITALS AND INSTITUTIONS FOR MENTALLY ILL PERSONS
8-101 Court Certification to Private Hospitals
8-102 Repealed
8-103 Methods of Admission
8-104 Voluntary Admission – Release – Detention Permitted for Court Certification
8-105 Procedure for Court Certification
8-106 Attending Physician – Responsibility and Duties – Convalescent Leaves - Discharge
8-107 Escape or Leave Without Permission – Notice – Apprehension and Return
8-108 Transfer of Patients
8-201 to 8-204 Repealed
DRUG- AND ALCOHOL-DEPENDENT PERSONS – TREATMENT AND COMMITMENT
9-101 Voluntary Treatment – Application – Admission – Discharge
9-102 to 9-104 Repealed
PROTECTIVE SERVICES FOR THE ELDERLY AND FOR INCAPACITATED ADULTS ACT
10-101 Short Title
10-102 Purpose
10-103 Definitions
10-104 Report of a Possible Abused Person – Contents – False Report
10-105 Investigation of Report
10-105.1 Summary and Written Description of Investigation Process
10-106 Voluntary Protective Services
10-107 Involuntary Protective Services
10-108 Emergency Protective Services – Extension of Protective Services
10-109 Utilization of Available Services
10-109a Uniform Policy Detailing Employee Duties and Responsibilities
10-110 Confidentiality of Records and Reports
10-110.1 Public Disclosure of Information Relating to Charges Against Caretaker Commits Crime Against Vulnerable Adult Resulting in Death or Near Death of Vulnerable Adult
10-111 Jurisdiction of District Courts
10-112 Vulnerable Adult Intervention Task Force
ADVANCE DIRECTIVES FOR MENTAL HEALTH TREATMENT ACT
11-101 Short Title
11-102 Legislative Findings
11-103 Definitions
11-104 Advance Directive – Execution
11-105 Validity of Advance Directive
11-106 Advance Directive – Form
11-107 Advance Directive
vii
11-108 Responsibility of Declarant to Provide for Delivery of Advance Directive for Treatment
11-109 Advance Directive Revoked by Following Methods – Effectiveness
11-110 Examination – Examiner’s Certificate
11-111 Petition for Appointment of Guardian
11-112 Persons Not Subject to Criminal Liability or Discipline for Unprofessional Conduct
11-113 Penalties
SUICIDE PREVENTION ACT
12-101 Short Title
12-102 Purpose
12-103 Definitions
12-104 Oklahoma Suicide Prevention Council
12-105 Lead Agency
MENTAL HEALTH FIRST AID
PROGRAM
13-101 Mental Health First Aid Pilot Program – Curriculum – Certification – Authorization – Reporting – Rule Making
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2010
TITLE 43A
MENTAL HEALTH LAW
SHORT TITLE, PURPOSE, DEFINITIONS AND POLICY
§ 1-101. Mental Health Law
This act shall be known as the Mental Health Law.
§ 1-102. Purpose
A. The purpose of the Mental Health Law is to provide for the humane care and treatment of persons who:
1. Are mentally ill; or
2. Require treatment for drug or alcohol abuse
B. All such residents of this state are entitled to care and treatment in accordance with the appropriate standard of care.
§ 1-103. Definitions
When used in this title, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:
1. "Department" means the Department of Mental Health and Substance Abuse Services;
2. "Chair" means the chair of the Board of Mental Health and Substance Abuse Services;
3. "Mental illness" means a substantial disorder of thought, mood, perception, psychological orientation or memory that significantly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life;
4. "Board" means the "Board of Mental Health and Substance Abuse Services" as established by this law;
5. "Commissioner" means the individual selected and appointed by the Board to serve as Commissioner of Mental Health and Substance Abuse Services;
6. "Indigent person" means a person who has not sufficient assets or resources to support the person and to support members of the family of the person lawfully dependent on the person for support;
7. "Facility" means any hospital, school, building, house or retreat, authorized by law to have the care, treatment or custody of an individual with mental illness, or drug or alcohol dependency, gambling addiction, eating disorders, or an opioid substitution treatment program, including, but not limited to, public or private hospitals, community mental health centers, clinics, satellites or facilities; provided that facility shall not mean a child guidance center operated by the State Department of Health;
8. "Consumer" means a person under care or treatment in a facility pursuant to the Mental Health Law, or in an outpatient status;
9. "Care and treatment" means medical care and behavioral health services, as well as food, clothing and maintenance, furnished to a person;
10. Whenever in this law or in any other law, or in any rule or order made or promulgated pursuant to this law or to any other law, or in the printed forms prepared for the admission of consumers or for statistical reports, the words "insane", "insanity", "lunacy", "mentally sick", "mental disease" or "mental disorder" are used, such terms shall have equal significance to the words "mental illness";
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 1
11. "Licensed mental health professional" means:
a. a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology,
b. a physician licensed pursuant to Section 480 et seq. or Section 620 et seq. of Title 59 of the Oklahoma Statutes,
c. a clinical psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists,
d. a professional counselor licensed pursuant to Section 1901 et seq. of Title 59 of the Oklahoma Statutes,
e. a person licensed as a clinical social worker pursuant to the provisions of the Social Worker’s Licensing Act,
f. a licensed marital and family therapist as defined in Section 1925.1 et seq. of Title 59 of the Oklahoma Statutes,
g. a licensed behavioral practitioner as defined in Section 1930 et seq. of Title 59 of the Oklahoma Statutes,
h. an advanced practice nurse as defined in Section 567.1 et seq. of Title 59 of the Oklahoma Statutes specializing in mental health, or
i. a physician’s assistant who is licensed in good standing in this state and has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions;
12. "Mentally incompetent person" means any person who has been adjudicated mentally or legally incompetent by an appropriate district court;
13. a. "Person requiring treatment" means:
(1) a person who because of a mental illness of the person represents a risk of harm to self or others, or
(2) a person who is a drug- or alcohol-dependent person and who as a result of dependency represents a risk of harm to self or others.
b. Unless a person also meets the criteria established in subparagraph a of this paragraph, person requiring treatment shall not mean:
(1) a person whose mental processes have been weakened or impaired by reason of advanced years, dementia, or Alzheimer’s disease,
(2) a mentally retarded or developmentally disabled person as defined in Title 10 of the Oklahoma Statutes,
(3) a person with seizure disorder,
(4) a person with a traumatic brain injury, or
(5) a person who is homeless.
c. A person who meets the criteria established in this section, but who is medically unstable, or the facility holding the person is unable to treat the additional medical conditions of that person should be discharged and transported in accordance with Section 1-110 of this title;
14. "Petitioner" means a person who files a petition alleging that an individual is a person requiring treatment;
15. "Executive director" means the person in charge of a facility as defined in this section;
16. "Private hospital or facility" means any general hospital maintaining a neuro-psychiatric unit or ward, or any private hospital or facility for care and treatment of a person having a mental illness, which is not supported by the state or federal government. The term "private hospital" or "facility" shall not include nursing homes or other facilities maintained primarily for the care of elderly and disabled persons;
17. "Individualized treatment plan" means a proposal developed during the stay of an individual in a facility, under
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 2
the provisions of this title, which is specifically tailored to the treatment needs of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based upon and related to a clinical evaluation, which can be reasonably achieved within a designated time interval,
b. treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to each of these goals and which include specific prognosis for achieving each of these goals,
c. identification of the types of professional personnel who will carry out the treatment procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law,
d. documentation of involvement by the individual receiving treatment and, if applicable, the accordance of the individual with the treatment plan, and
e. a statement attesting that the executive director of the facility or clinical director has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the home community of the individual;
18. "Risk of harm to self or others" means:
a. a substantial risk of immediate physical harm to self as manifested by evidence or serious threats of or attempts at suicide or other significant self-inflicted bodily harm,
b. a substantial risk of immediate physical harm to another person or persons as manifested by evidence of violent behavior directed toward another person or persons,
c. having placed another person or persons in a reasonable fear of violent behavior directed towards such person or persons or serious physical harm to them as manifested by serious and immediate threats,
d. there exists a substantial risk that without immediate intervention severe impairment or injury will result to the person alleged to be a person requiring treatment, or
e. a substantial risk of immediate serious physical injury to self, or immediate death, as manifested by evidence that the person is unable to provide for and is not providing for the basic physical needs of the person and that appropriate provision for those needs cannot be made immediately available in the community.
Unless a person also meets the criteria established in subparagraphs a, b, c, d, or e of this paragraph, "risk of harm to self or others" does not mean a person who is homeless; and
19. "Telemedicine" means the practice of health care delivery, diagnosis, consultation, evaluation, treatment, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine uses audio and video multimedia telecommunication equipment which permits two-way real-time communication between a health care practitioner and a patient who are not in the same physical location. Telemedicine shall not include consultation provided by telephone or facsimile machine.
§ 1-104. Public Policy
The Oklahoma Legislature hereby declares that the public policy of this state is to assure adequate treatment of persons alleged to be in need of mental health treatment or treatment for drug or
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 3
alcohol abuse, to establish behavioral standards for determination of dangerousness of persons in need of such treatment, to allow for the use of the least restrictive alternative in the determination of the method of treatment, to provide orderly and reliable procedures for commitment of persons alleged to be in need of treatment consistent with due process of law, and to protect the rights of consumers hospitalized pursuant to law.
§ 1-105. Mental or Legal Incompetence – Presumptions
No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court.
§ 1-106. District Attorney to Represent State in Proceedings for Involuntary Admissions
The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitioner for involuntary commitment.
§ 1-107. Venue
A. Civil actions for involuntary commitment of a person may be brought in any of the following counties:
1. The person’s county of residence;
2. The county where the person was first taken into protective custody; or
3. The county in which the person is being held on emergency detention.
B. If a civil action for involuntary commitment can be brought in more than one county pursuant to the provisions of subsection A of this section, the action may be filed in any of such counties. No court shall refuse any case solely because the action may have been brought in another county.
C. 1. Hearings in actions for involuntary commitment may be held within the mental health facility in which the person is being detained or is to be committed whenever the judge deems it to be in the best interests of the consumer.
2. Such hearings shall be conducted by any judge designated by the presiding judge of the judicial district. Hearings may be held in an area of the facility designated by the executive director and agreed upon by the presiding judge of that judicial district.
D. The court may conduct any nonjury hearing required or authorized pursuant to the provisions of this title for detained or confined persons, at the discretion of the judge, by video teleconferencing after advising the person subject to possible detention or commitment of his or her constitutional rights. If the video teleconferencing hearing is conducted, the image of the detainee or person subject to commitment may be broadcast by secure video to the judge. A secure video system shall provide for two-way communications including image and sound between the detainee and the judge.
E. The provisions for criminal venue as provided otherwise by law shall not be applicable to proceedings encompassed by commitment statutes referred to in this title which are deemed civil in nature.
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 4
F. Unless otherwise provided by law, the rules of civil procedure shall apply to all judicial proceedings provided for in this title, including, but not limited to, the rules concerning vacation of orders and appellate review.
§1-108. Habeas Corpus
A. Anyone in custody as a person in need of treatment or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person’s behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.
B. Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined.
C. Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct.
D. The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer.
E. The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus.
F. Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence.
§ 1-109. Privileged, Confidential Nature of Medical Records and Physician/Client Communications
A. 1. All mental health and drug or alcohol abuse treatment information, whether or not recorded, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential. In addition, the identity of all persons who have received or are receiving mental health or drug or alcohol abuse treatment services shall be considered confidential and privileged.
2. Such information shall only be available to persons actively engaged in the treatment of the consumer or in related administrative work. The information available to persons actively engaged in the treatment of the consumer or in related administrative work shall be limited to the minimum amount of information necessary for the person or agency to carry out its function.
3. Except as otherwise provided in this section, such information shall not be disclosed to anyone not involved in the treatment of the patient or related administrative work.
B. A person who is or has been a consumer of a physician, psychotherapist, mental health facility, a drug or alcohol abuse treatment facility or service, other agency for the purpose of mental health or drug or alcohol abuse care and treatment shall be entitled to personal access to his or her mental health or drug or alcohol abuse treatment information, except the following:
1. Information contained in notes recorded in any medium by a mental health professional documenting or
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analyzing the contents of conversation during a private counseling session or a group, joint or family counseling session, and that is separated from the rest of the patient’s medical record;
2. Information compiled in reasonable anticipation of or for use in a civil, criminal or administrative action or proceeding;
3. Information that is otherwise privileged or prohibited from disclosure by law;
4. Information the person in charge of the care and treatment of the patient determines to be reasonably likely to endanger the life or physical safety of the patient or another person;
5. Information created or obtained as part of research that includes treatment; provided, the patient consented to the temporary suspension of access while the research is ongoing. The patient’s right of access shall resume upon completion of the research;
6. Information requested by an inmate that a correctional institution has determined may jeopardize the health, safety, security, custody or rehabilitation of the inmate or other person; and
7. Information obtained under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information.
C. 1. A valid written release for disclosure of mental health or drug or alcohol abuse treatment information shall have, at a minimum, the following elements:
a. the specific name or general designation of the program or person permitted to make the disclosure,
b. the name or title of the individual or the name of the organization to which disclosure is to be made,
c. the name of the consumer whose records are to be released,
d. the purpose of the disclosure,
e. a description of the information to be disclosed,
f. the dated signature of the consumer or authorized representative or both when required,
g. a statement of the right of the consumer to revoke the release in writing and a description of how the consumer may do so,
h. an expiration date, event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given, and
i. if the release is signed by a person authorized to act for a consumer, a description of the authority of such person to act.
2. A release is not valid if the document submitted has any of the following defects:
a. the expiration date has passed or the expiration event or condition is known to have occurred or to exist,
b. the release has not been filled out completely with respect to an element described in paragraph 1 of this section,
c. the release is known to have been revoked, or
d. any material information in the release is known to be false.
3. A revocation of a release as provided in this section shall be in writing and may be made at any time, except when:
a. information has already been released in reliance thereon,
b. the authorization was obtained as a condition of obtaining insurance coverage and other law provides the insurer with the right to contest a claim under the policy or the policy itself, or
c. the release was executed as part of a criminal justice referral.
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4. Disclosure regarding a deceased consumer shall require either a court order or a written release of an executor, administrator or personal representative appointed by the court, or if there is no such appointment, by the spouse of the consumer or, if none, by any responsible member of the family of the consumer. As used in this paragraph, "responsible family member" means the parent, adult child, adult sibling or other adult relative who was actively involved in providing care to or monitoring the care of the patient as verified by the physician, psychologist or other person responsible for the care and treatment of such person.
D. Except as otherwise permitted, mental health and alcohol or substance abuse treatment information may not be disclosed without valid patient authorization or a valid court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena by itself is not sufficient to authorize disclosure of mental health and alcohol or substance abuse treatment information.
E. An authorization shall not be required for the following uses and disclosures, but information disclosed pursuant to one of these exceptions must be limited to the minimum amount of information necessary:
1. Disclosure by a health care provider of mental health information necessary to carry out another providers own treatment, payment, or health care operations. Such disclosures shall be limited to mental health information and shall not include substance abuse information;
2. Communications to law enforcement officers regarding information directly related to the commission of a crime on the premises of a facility or against facility personnel, or a threat to commit such a crime. Such communications involving persons with substance abuse disorders shall be limited to the circumstances surrounding the incident, consumer status, name and address of that individual and the last-known whereabouts of that individual;
3. A review preparatory to research, research on decedents information or research conducted when a waiver of authorization has been approved by either an institutional review board or privacy board;
4. Communications pursuant to a business associate agreement, qualified service organization agreement or a qualified service organization/business associate agreement. As used in this paragraph:
a. "business associate agreement" means a written signed agreement between a health care provider and an outside entity which performs or assists in the performance of a function or activity involving the use or disclosure of individually identifiable health information on behalf of the health care provider,
b. "qualified service organization agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider’s consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider’s consumers without the need for an authorization signed by a consumer and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health
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care provider it is fully bound by the provisions of 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2, and
c. "qualified service organization/business agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider’s consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider’s consumers without the need for an authorization signed by a consumer, and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health care provider it is fully bound by the provisions 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2. The agreement must also contain elements required by federal privacy regulations in 45 C.F.R., Parts 160 & 164;
5. Reporting under state law incidents of suspected child abuse or neglect to the appropriate authorities; provided, however, for disclosures involving an individual with a substance abuse disorder, this exception does not allow for follow-up communications;
6. Disclosure of consumer-identifying information to medical personnel who have a need for information about a consumer for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention;
7. Communications necessary for audit and evaluation activities;
8. When a program or facility director determines that an adult person with a substance abuse disorder has a medical condition which prevents the person from "knowing or effective action on his or her own behalf", the program or facility director may authorize disclosures for the sole purpose of obtaining payment for services. If the person has been adjudicated incompetent, the facility must seek permission to disclose information for payment from the legal guardian;
9. Reporting of such information as otherwise required by law; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
10. Communications to coroners, medical examiners and funeral directors for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law and as necessary to carry out their duties; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
11. Communications to organ procurement organizations or other entities engaged in procurement, banking, or transplantation of cadaveric organs, eyes or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
12. Disclosure to professional licensure boards investigating alleged
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unethical behavior towards a patient; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
13. Disclosure to the parent of a minor for the purpose of notifying the parent of the location of his or her child; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
14. Mental health records may be disclosed to parties in a judicial or administrative proceeding in cases involving a claim for personal injury or death against any practitioner of the healing arts, a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims;
15. Disclosure of consumer-identifying information when it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody and the release is to a law enforcement authority for the purpose of identification and apprehension. Such disclosures shall be limited to mental health information and shall not include substance abuse information; and
16. When failure to disclose the information presents a serious threat to the health and safety of a person or the public; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder.
§ 1-109.1. Designation of Family Member as Treatment Advocate – Treatment Advocate Consent Form
A. 1. Every adult having a mental illness as defined in Section 1-103 of this title who is under the care of a licensed mental health professional shall be informed by the licensed mental health professional or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate.
2. The individual designated as a treatment advocate shall act at all times in the best interests of the consumer.
3. The patient may change or revoke the designation of a treatment advocate at any time and for any reason.
4. The treatment advocate may participate in the treatment planning and discharge planning of the consumer to the extent consented to by the consumer and as permitted by law.
B. 1. The Board of Mental Health and Substance Abuse Services shall promulgate rules for all facilities certified by the Department of Mental Health and Substance Abuse Services as to the design, contents, and maintenance of a treatment advocate consent form.
2. The contents of the consent form, at a minimum, shall include a statement indicating that the treatment advocate understands that all mental health treatment information is confidential and that the treatment advocate agrees to maintain confidentiality.
C. This section shall not apply to inmates of the Oklahoma Department of Corrections.
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§ 1-110. Reimbursement of Sheriffs from Department of Mental Health and Substance Abuse Services
A. Sheriffs and peace officers shall be responsible for transporting individuals to and from designated sites or facilities for the purpose of examination, emergency detention, protective custody and inpatient services.
B. A municipal law enforcement agency shall be responsible for any individual found within such municipality’s jurisdiction. The county sheriff shall be responsible for any individual found outside of a municipality’s jurisdiction, but within the county.
C. The law enforcement agency transporting an individual to and from designated sites or facilities pursuant to the provisions of this section shall maintain responsibility for the transportation of such individual pending completion of the examination, emergency detention, protective custody and inpatient services.
D. Sheriffs and peace officers shall be entitled to reimbursement from the Department of Mental Health and Substance Abuse Services for transportation services associated with minors or adults requiring examination, emergency detention, protective custody and inpatient services.
E. Any transportation provided by a sheriff or deputy sheriff or a peace officer on behalf of any county, city, town or municipality of this state, to or from any facility for the purpose of examination, admission, interfacility transfer, medical treatment or court appearance shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act.
F. Nothing in this section shall prohibit a law enforcement agency from entering into a lawful agreement with any other law enforcement agency to fulfill the requirements established by this section.
DEPARTMENT AND BOARD OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
§ 2-101. Department of Mental Health and Substance Abuse Services
A. 1. There is hereby established in this state a Department of Mental Health and Substance Abuse Services.
2. This Department’s governing board shall be the Board of Mental Health and Substance Abuse Services, and its chief executive officer shall be the Commissioner of Mental Health and Substance Abuse Services.
3. The Department of Mental Health and Substance Abuse Services shall exercise all functions of the state in relation to the administration and operation of all state facilities for the care and treatment of the mentally ill and drug- or alcohol-dependent persons.
B. All references in the Oklahoma Statutes to the Department of Mental Health or the Board of Mental Health shall be construed to refer to the Department of Mental Health and Substance Abuse Services or the Board of Mental Health and Substance Abuse Services, respectively.
§ 2-102. Charge and Control of Institutions in Department
Unless otherwise specified by law, the Department of Mental Health and Substance Abuse Services shall have charge and control of any and all state institutions established for the care of the
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mentally ill and drug- or alcohol-dependent person.
§ 2-103. Board of Mental Health – Members – Meetings – Official Duties – Travel Expenses – Members' Service on Board of Medical Licensure and Supervision
A. The Board of Mental Health and Substance Abuse Services shall be composed of eleven (11) members, appointed by the Governor, with the advice and consent of the Senate, and unless otherwise indicated, a board member term is for seven (7) years unless reappointed. Board members shall meet the following criteria:
1. One member, who shall be a physician licensed to practice in this state, and one member, who shall be a psychiatrist certified as a diplomate of the American Board of Psychiatry and Neurology, shall both be appointed from a list containing the names of not less than three physicians and not less than three psychiatrists submitted to the Governor by the Oklahoma State Medical Association;
2. One member, who shall be an attorney licensed to practice in this state and shall be appointed from a list of not less than three names submitted to the Governor by the Board of Governors of the Oklahoma Bar Association;
3. One member, who shall be a psychologist, licensed to practice in this state, who shall be appointed from a list of not less than three names submitted to the Governor by the Oklahoma State Psychological Association;
4. Three members, qualified by education and experience in the area of substance abuse recovery, who shall be appointed from a list of not less than ten names submitted to the Governor by a state association of substance abuse recovery programs or organizations; and
5. Four members who shall be citizens of this state, at least one of whom shall be either a current or former consumer of mental health services.
B. No person shall be appointed a member of the Board who has been a member of the Legislature of this state within the preceding five (5) years.
C. The Board shall elect from among its members a chair and a vice-chair. The chair may call meetings at any time.
D. All regularly scheduled meetings of the Board shall be held at the Central Office of the Department of Mental Health and Substance Abuse Services, Oklahoma City, Oklahoma, unless otherwise scheduled. Six members shall constitute a quorum at any meeting, and all action may be taken by an affirmative vote of the majority of the members present at any such meeting.
E. The action taken by the Board on any matter, or any document passed by the Board, shall be considered official when such action is placed in writing and signed by the chair or vice-chair.
F. The duties of the Board shall pertain to the care, treatment, and hospitalization of persons with mental illness, or alcohol- or drug-dependent persons.
G. Members of the Board of Mental Health and Substance Abuse Services shall be allowed their necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act.
H. Members of the Board of Mental Health and Substance Abuse Services shall be allowed to serve on the State Board of Medical Licensure and Supervision during members’ terms on the Board of Mental Health and Substance Abuse Services.
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§ 2-104. Surplus Equipment – Purchasing Agent – Authorization to Spend Funds on Recreational Facilities
A. The Department of Mental Health and Substance Abuse Services may declare equipment which is surplus to the needs of the Department to the Department of Central Services. The Department of Central Services shall dispose of the surpluses as provided by law.
B. The Department of Central Services shall be the purchasing agency for all facilities for which appropriations are made in the Mental Health Law, but shall not have authority to determine the propriety of purchases of institutions over which the Department of Central Services is not the controlling entity.
C. The Department is authorized to spend funds for the development of recreational facilities on state-owned land outside the facility grounds.
§ 2-105. Board as Mental Health and Substance Abuse Services as Mental Health and Substance Abuse Services Authority
On and after July 1, 1967, the Board of Mental Health and Substance Abuse Services shall be the Mental Health and Substance Abuse Services Authority of the State of Oklahoma.
§ 2-106. Donations, Grants, Devises, and Bequests – Investment of Funds – Lease or Sale of Property – Annual Account to State Auditor and Inspector
A. 1. The Board of Mental Health and Substance Abuse Services, the Commissioner of Mental Health and Substance Abuse Services or any employee of the Department of Mental Health and Substance Abuse Services designated by the Commissioner may solicit and receive contributions, gifts and donations for use by the Department of Mental Health and Substance Abuse Services, or to any institution therein. The Board of Mental Health and Substance Abuse Services shall accept, hold in trust and authorize the use of any grant or devise of land, or any donation or bequest of money, or other personal property made to the Department of Mental Health and Substance Abuse Services, or to any institution therein, so long as the terms of the grant, donation, bequest, gift, or will are carried out.
2. The Board may invest and reinvest any funds and may lease any real or personal property, may sell any personal property and may invest the proceeds, for the benefit of the Department or any institution therein unless prevented by the terms of the grant, donation, bequest, gift or will.
B. The Board may lease any property owned or held in trust to any other state agency, political subdivision, federal agency, county, municipality or a nonprofit organization for a period not to exceed fifty (50) years.
C. The Department must annually account to the State Auditor and Inspector for all monies or property received or expended by virtue of this section. The account shall state:
1. The source of the monies or property received with the actual date of its receipt;
2. The particular use or place for which it was expended; and
3. The balance on hand showing the place of deposit of the unexpended balance.
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§ 2-107. Approval of Easements, Leases, etc. – Deposit of Monies
A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Capital Outlay Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of income as provided in this section and any monies transferred by the Department into the fund.
2. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purposes described in this section and for improvements to real property owned by the Department or held in the Department’s trust as authorized by Section 2-111 of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
B. On and after July 1, 1988, no easement, right-of-way, oil and gas lease or surface lease on any land used or occupied by any institution, under the jurisdiction of the Board of Mental Health and Substance Abuse Services, shall be granted or conveyed without the approval of the Board. All monies hereafter received or derived from such easements, rights-of-way and leases, including, but not limited to, rentals and royalties for leases and from sale of equipment, shall be deposited in the Capital Outlay Fund of the Department of Mental Health and Substance Abuse Services and used by the Board for capital improvement at any Department of Mental Health and Substance Abuse Services facility and for improvements to real property owned by the Department or held in the Department’s trust as authorized by Section 2-111 of this title, except as otherwise provided by the Legislature.
§ 2-108. Investigation into Care and Treatment of the Mentally Ill – Resolution of Complaints – Confidentiality of Records
A. When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract with the Department has been wrongfully deprived of liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for the individual’s appropriate medical care, proper supervision and safe keeping, the Department may ascertain the facts or may require an investigation of the facts.
B. The Board shall establish and maintain a fair, simple and expeditious system for resolution of complaints of all individuals receiving such services.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials, and reports related to investigations by the Department into allegations of consumer abuse, neglect, or mistreatment shall be confidential and contain privileged information. Accordingly, such records, materials, and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid.
1. An order of the court authorizing the inspection, release, or disclosure of information, records, materials, and reports related to investigations by the Department shall be entered by a court
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only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived, and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
2. This section shall not be construed to prohibit the Department from summarizing the allegation or allegations made, facts and evidence gathered, and any findings of an investigation pursuant to this section. The summary may be provided to the following individuals and entities, provided the individuals or entities agree to protect the summary from disclosure:
a. the person suspected of abuse, neglect or improper treatment,
b. the person subject to the alleged abuse, neglect or improper treatment,
c. the person who reported the allegation,
d. the state and federal oversight, licensing or accrediting agency,
e. the administrator of a facility certified by or under contract with the Department at which the alleged abuse, neglect or improper treatment occurred,
f. any persons necessary to implement appropriate personnel action against the person suspected of abuse, neglect or mistreatment if evidence is found to support the allegation, and
g. the appropriate law enforcement agency, district attorney’s office or any other entities as required by state and federal law.
§ 2-109. Office of Consumer Advocacy – Duties of Advocate General – Confidentiality – Disclosure
A. The Department of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may be necessary to carry out the purposes of this section.
The Office of Consumer Advocacy shall have access to facilities operated by, subject to certification by or under contract with the Department and the records of such facilities, including but not limited to, records of individuals receiving services. Records that are confidential under state and federal law shall be maintained as confidential and not be redisclosed.
B. The Advocate General and the staff of the Office of Consumer Advocacy shall not act as attorneys on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, except that they shall have the authority to file habeas corpus actions on behalf of such individuals and appear on their behalf in civil commitment and criminal post-commitment proceedings, and also appear on behalf of Department consumers in proceedings for writs of mandamus.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Office of Consumer Advocacy are confidential and contain privileged information. Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to
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compel disclosure of such information be valid.
An order of the court authorizing the inspection, release or disclosure of information, records, materials and reports related to investigations by the Office of Consumer Advocacy shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
§ 2-110. Citizen Advisory Group
A. The Commissioner of Mental Health and Substance Abuse Services may appoint such citizen advisory groups as are deemed necessary for effective planning and delivery of services. Membership, terms and other details related to the functioning of such groups shall be established by the Commissioner and may be revised or rescinded at any time.
B. Members shall be eligible for reimbursement for their travel expenses in accordance with the provisions of the State Travel Reimbursement Act.
§ 2-111. Creation of Real Property Trust
A. 1. The Board of Mental Health and Substance Abuse Services is hereby authorized and directed to create a trust into which all real property held by or for the benefit of the Department of Mental Health and Substance Abuse Services shall be transferred.
2. The trust shall provide that:
a. the property placed into the trust may never be sold but shall be held in perpetuity for the sole benefit of the Department, and
b. the property held by the trust which is not needed for use by the Department may be leased or rented to others and all income received from such leases or rentals shall be payable to the Department for use by the Department to fulfill the purposes of the Department.
B. Upon the creation of the trust authorized in subsection A of this section, the Department of Central Services is directed to provide all necessary assistance to the Department of Mental Health and Substance Abuse Services to identify and transfer all property held by or for the benefit of the Department of Mental Health and Substance Abuse Services to the trust. Except as provided in subsection C of this section, the Department of Central Services is authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing property placed in such trust.
C. The Commissioners of the Land Office are authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing mineral interests placed in such trust.
§§ 2-150 to 2-152. Repealed
COMMISSIONER, EXECUTIVE DIRECTORS, OFFICERS, EMPLOYEES, COUNSEL
§ 2-201. Qualifications and Salary of Commissioner of Mental Health and Substance Abuse Services
A. A Commissioner of Mental Health and Substance Abuse Services shall be appointed by the Board of Mental Health and Substance Abuse
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Services. The Commissioner may only be removed by the Board for cause. The Commissioner shall meet at least one of the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state;
3. Possession of a Doctor of Public Health Degree;
4. Possession of a Doctoral Degree in Psychology and a license to practice psychology in this state;
5. Possession of a Master of Public Health Degree and a minimum of five (5) years of supervisory experience in the administration of health services; or
6. Possession of a Master of Arts or Master's Degree in Business Administration, Social Science or a related field and a minimum of five (5) years of supervisory experience in the administration of health services.
B. The salary of the Commissioner shall be fixed by the Board.
§ 2-202. Repealed
§ 2-202.1. Powers and Duties Commissioner of Mental Health and Substance Abuse Services
A. The Commissioner of Mental Health and Substance Abuse Services shall have charge of the administration of the Department of Mental Health and Substance Abuse Services as directed by the Board of Mental Health and Substance Abuse Services and shall be charged with the duty of carrying out the provisions of the Mental Health Law. The duties of the Commissioner shall include, but not be limited to, the following:
1. Supervising the activities of the Department;
2. Prescribing rules and regulations, as approved by the Board of Mental Health and Substance Abuse Services, for the efficient, uniform, and professional operation of the Department, consistent with the mission of the Department, including the official forms used or described in this title;
3. Prescribing policies and procedures for the operation of the Department;
4. Employing necessary personnel to perform the duties of the Department, prescribing titles and duties, and fixing compensation, including the employment of attorneys to provide legal assistance to the Department;
5. Accepting, using, disbursing, and administering grants, allotments, gifts, devises, bequests, appropriations, and other monies and property offered or given to the Department, or any component or agency thereof, by an agency of the federal government or any corporation or individual for the use of the Department;
6. Making contracts and agreements with other departments of this state to carry out the provisions of this section;
7. Acting as the official agency of this state in all matters relating to mental health or substance abuse which require or authorize cooperation of this state with the federal government or any agency thereof; coordinating the activities of the Department with those of the federal government or any department or agency thereof, and with other states, on matters pertaining to mental health and substance abuse, and entering into agreements for such purpose;
8. Aiding, assisting, and cooperating with other state agencies, government
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entities, institutions of higher learning, public schools, and others interested in public education regarding the issues of mental health and substance abuse in the establishment of sound mental health and substance abuse programs in this state; and
9. Designating the type of consumer that will be cared for at each facility and designating hospital or community mental health center districts for the purpose of determining to which facilities within the Department or community mental health centers persons committed from each county shall initially be sent. These designations may be changed from time to time.
B. The Commissioner or designee may delay inpatient admissions when such admissions would cause facilities to exceed their authorized capacity.
C. Consumers may be transferred from one facility to another within the Department on the authority of the Commissioner as provided for in the Mental Health Law.
D. The Commissioner shall have any other power necessary to implement the provisions of the Mental Health Law.
§ 2-203. Classifications of Employee Positions
The Commissioner of Mental Health and Substance Abuse Services shall classify as a part of the Merit System of Personnel Administration all positions for which there are established Merit System Classifications, except those positions unique to hospital and clinic functions, those positions held by employees of the Department of Mental Health and Substance Abuse Services who perform behavioral health services, those positions in facilities that were formerly privately operated but are now under the operational and management control of the Department, or those associated administrative and support employees whose salaries are paid from contractual agreements with managed care companies, health maintenance organizations, preferred provider organizations, hospital or health care networks, insurance plans, private business or other government agencies; provided, the employment of personnel whose salaries are paid from such contractual agreements shall be limited to the duration of the contracts or renewals thereof under which such personnel are employed. Provided further, no employee shall have the salary of that employee decreased as a result of the classification action herein directed.
§ 2-204. Repealed
§ 2-205. Internal Audit Program
The Department of Mental Health and Substance Abuse Services is hereby directed to employ one or more internal auditors to establish and perform an effective and comprehensive internal audit program. Such program shall include, but not be limited to, reviews of accounting procedures, internal control, financial management and compliance with laws, regulations, policies and executive and legislative directives for the Department's administrative offices, institutions, community mental health centers and contractors. Internal audit final reports shall be made available to the Governor, the State Auditor and Inspector, the Legislative Service Bureau, the Board of Mental Health and Substance Abuse Services and the Commissioner of Mental Health and Substance Abuse Services.
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§ 2-206. Legal services
The Department of Mental Health and Substance Abuse Services may provide for legal services, and the Commissioner may employ or contract with attorneys as needed and determine their salaries; provided, however, that the attorneys may appear for and represent the Commissioner, the Board of Mental Health and Substance Abuse Services, administrative supervisors of facilities and Department personnel in administrative hearings and other legal actions and proceedings. Provided, further, that the Attorney General shall continue to give his opinion to the Department and to prosecute and defend action therefor, if requested to do so.
§ 2-207. Authority of Commissioner to Employ Personnel and Counsel
The Commissioner of Mental Health and Substance Abuse Services may employ persons to assist in collecting the amount due the state for the care and treatment of consumers, and may employ counsel to institute such actions or proceedings as the Commissioner may deem proper to enforce the claim of the state for the care and treatment of a consumer against the consumer.
§§ 2-208 to 2-212. Repealed
§ 2-213. Chaplain
Each institution within the Department may have a chaplain. The duties of the chaplain shall be established by the Commissioner.
§ 2-214. Training Schools or Facilities for Personnel
The Commissioner of Mental Health and Substance Abuse Services is authorized to establish training schools within the Department or within any of the institutions operated by the Department, for the training of necessary personnel for the institutions, or may arrange for the training of employees or prospective employees in any public or private school or institution within this state or elsewhere having available facilities for that purpose. Funds of the Department and/or institutions under its control may be used to pay salaries to employees, or to pay tuition and subsistence for employees or prospective employees, while receiving such training. Any employee or prospective employee who is paid a salary, or for whom tuition and subsistence are furnished, while receiving such training, shall be required to enter into a contract prior to receiving such training, that unless he continues in the employ of the Department for at least a period equivalent to the training, he will reimburse to the Department the sum paid to or for him by the Department during the period of his training.
§§ 2-215 to 2-217. Repealed
§ 2-218. Misuse or Misappropriation of Funds a Misdemeanor – Punishment
Any officer or employee within the Department who shall misuse or misappropriate any funds or other property of a canteen established at an institution within the Department shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in the county jail for not more than one (1) year, or both such fine and imprisonment.
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§ 2-219. Abuse to Consumers a Felony – Punishment
Any officer or employee of a facility who maliciously assaults, beats, batters, abuses, or uses mechanical restraints, or willfully aids, abets, advises or permits any consumer confined therein to be maliciously assaulted, beaten, battered, abused, or mechanically restrained shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than five (5) years, or a fine not exceeding Five Hundred Dollars ($500.00), or both fine and imprisonment.
§ 2-220. Failure of Superintendent to Report Abuse to County Officers a Misdemeanor
An executive director of a facility who fails to report to the district attorney of the county in which the facility is located any officer or employee who shall willfully or maliciously assault, beat, batter, abuse or use mechanical restraints without authority or who aids, abets, advises or permits any consumer confined in the facility to be subjected to such conduct shall be guilty of a misdemeanor.
§ 2-221. Services of Other State Agencies – Contracts with Employees of Other State Agencies
A. The Department of Mental Health and Substance Abuse Services may utilize the services of other state agencies, boards and commissions pursuant to the State Personnel Interchange Program, Section 840.26 et seq. of Title 74 of the Oklahoma Statutes.
B. The Department may employ and may enter into contracts with employees of other state agencies, boards and commissions, provided:
1. The work hours of employment would not be contemporaneous; and
2. No conflict of interest would result.
§§ 2-222 and 2-223. Repealed
§ 2-224. Authority to Collect Information
A. The Department of Mental Health and Substance Abuse Services shall have the authority to collect information sufficient to meet the administration’s needs related to oversight, management, evaluation, performance improvement and auditing of mental health, and substance abuse services and combating and preventing mental illness and substance abuse.
B. The individual forms, computer tapes and other forms of data collected by and furnished to the Department shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act.
Except as otherwise provided by state and federal confidentiality laws, identifying information shall not be disclosed and shall not be used for any public purpose other than the creation and maintenance of anonymous datasets for statistical reporting and data analysis.
OFFICES, RECORDS, FUNDS, INSURANCE, PURCHASING
§ 2-301. Office, Records and Files
The principal office of the Department, with all records and files of same, shall be maintained in Oklahoma City, Oklahoma and shall be designated the central office. Names of all personnel employed in each institution in the Department; all essential and
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important data; statistical information and correspondence relative to the Department and its institutions shall be filed in the office of the Commissioner and by his supervision.
§ 2-302. Petty Cash Fund at Central Office
There is hereby created a petty cash fund at the Central Office. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 2-303. Department of Mental Health and Substance Abuse Services Revolving Fund
A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Department of Mental Health and Substance Abuse Services Revolving Fund".
2. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by each facility and office of the Department as:
a. reimbursements from persons and agencies for the care of consumers,
b. reimbursements from other state agencies and entities of government,
c. all reimbursements received by the Department from the United States government or pursuant to proceedings in district court to enforce claims for the cost of care and treatment of consumers,
d. earnings and proceeds in the conduct and management of the dairy, farm, truck, garden, livestock and any industries of such facilities,
e. receipts from sale of excess byproducts, excess property and salvage items,
f. certification fees,
g. gifts, donations and bequests, and
h. receipts from other ancillary services, not otherwise provided by law.
B. 1. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the general operating expenses of facilities and offices of the Department of Mental Health and Substance Abuse Services.
2. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-304. Malpractice Insurance for Certain Employees
The Department of Mental Health and Substance Abuse Services may purchase, with public funds, insurance to protect against malpractice and other liability on the part of professional staff and other employees, administrators and members of the Board of Mental Health and Substance Abuse Services. This section shall not be construed to make the state, the Board, or any division of the Department of Mental Health and Substance Abuse Services liable for damages from any cause.
§ 2-305. Authorization to Purchase
Facilities within the Department of Mental Health and Substance Abuse Services are hereby authorized to purchase ambulances, handicapped-equipped transportation vehicles, buses
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and fire fighting equipment, including fire trucks, from funds available for the operating expenses of the institutions.
§ 2-306. State Board of Public Affairs Purchasing Agent
A. The Department of Central Services shall be the purchasing agent for each institution in the Department of Mental Health and Substance Abuse Services, but in other matters has no governing power or control of the institutions. In other matters, the Department of Mental Health and Substance Abuse Services has sole and exclusive control of institutions of the Department when such institutions deal with the care and treatment of mentally ill persons.
B. The Department of Central Services shall provide all necessary assistance to the Department of Mental Health and Substance Abuse Services in transferring property to a trust created pursuant to Section 1 of this act.
§ 2-307. Trust for Benefit of Any Insane Person or Persons
Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money, and the proceeds paid over to the state, or the Treasurer thereof, in trust for any insane person, and any will bequeathing or deed conveying any money to this state or the people thereof, in trust for any insane person or poor person, is hereby declared to be legal and valid, as to such trust, and the trust so reposed and declared shall be accepted subject to the conditions, restrictions and limitations contained in this act. No trust shall be accepted under this act unless the monies so bequeathed, or the proceeds of sale of real or personal estate so devised, bequeathed or conveyed shall amount to at least One Hundred Dollars ($100.00).
§§ 2-308 and 2-309. Repealed
§ 2-310. Creation of Intra-agency Reimbursement Revolving Fund
There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Intra-agency Reimbursement Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations. Revenues to the fund shall consist only of intra-agency payments from the allocation of operating costs among budgeted activities. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for operating expenses of the Department of Mental Health and Substance Abuse Services. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-311. Community-based Substance Abuse Revolving Fund
There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the Community-based Substance Abuse Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department of Mental Health and Substance Abuse Services from low-point beer permits pursuant to Section
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163.7 of Title 37 of the Oklahoma Statutes, enrollment fees for alcohol and drug substance abuse courses pursuant to the provisions of Section 3-453 of this title, and fees from certification of assessment agencies and assessment personnel pursuant to the provisions of Section 3-460 of this title. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the purpose of providing training and administrative services pursuant to the provisions of Sections 3-453 and 3-460 of this title, contracting with private facilities, organizations and tribal programs to provide treatment, counseling, rehabilitation, and other related services directed toward alcohol- and drug-dependent persons, and contracting with statewide substance abuse organizations to provide training and to establish and maintain a collaborative network of providers to maintain and improve the continuum of care between agencies that provide substance abuse prevention, treatment, and advocacy programs using best practices and innovative programs that focus on substance abuse services and co-occurring disorders. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-400. Repealed
DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES INSTITUTIONS
§ 3-101. Institutions Maintained for Residents
The facilities within the Department of Mental Health and Substance Abuse Services, which may be maintained for residents of the state, are:
1. Griffin Memorial Hospital, Norman;
2. Oklahoma Forensic Center, Vinita;
3. Children’s Recovery Center of Oklahoma, Norman;
4. Tulsa Center for Behavioral Health, Tulsa;
5. Carl Albert Community Mental Health Center, McAlester;
6. Jim Taliaferro Community Mental Health Center, Lawton;
7. Central Oklahoma Community Mental Health Center, Norman;
8. Bill Willis Community Mental Health and Substance Abuse Services Center, Tahlequah;
9. Northwest Center for Behavioral Health, Woodward;
10. Oklahoma County Crisis Intervention Center, Oklahoma City;
11. Norman Alcohol and Drug Treatment Center, Norman; and
12. Rose Rock Recovery Center, Vinita.
§§ 3-101.1 to 3-101.6. Repealed
§ 3-102. The Carl Albert Community Mental Health Center – Jim Taliaferro Community Mental Health Center
A. The Carl Albert Community Mental Health and Substance Abuse Services Center, McAlester, Oklahoma, and the Jim Taliaferro Community Mental Health and Substance Abuse Services Center, Lawton, Oklahoma, are hereby designated as institutions within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the
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Department of Mental Health and Substance Abuse Services.
B. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property; records; equipment; supplies and funds to include, if appropriate, revolving funds; and encumbrances from Griffin Memorial Hospital to the appropriate institution designated in subsection A above.
C. There is hereby created a petty cash fund at the Carl Albert Community Mental Health and Substance Abuse Services Center and at the Jim Taliaferro Community Mental Health and Substance Abuse Services Center. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 3-103. Central Oklahoma Community Mental Health and Substance Abuse Services Center
A. The Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma, is hereby designated a facility within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.
B. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, records, equipment, supplies and funds to include, if appropriate, revolving funds, and encumbrances from Griffin Memorial Hospital to the facility designated in subsection A above.
C. There is hereby created a petty cash fund at the Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of the petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.
§ 3-104. Repealed
§ 3-105. Children's Recovery Center of Oklahoma, Norman, Oklahoma
A. The Children’s Recovery Center of Oklahoma, Norman, Oklahoma, is hereby created and designated a facility within the Department and shall be operated under the supervision of the Department. The Children’s Recovery Center of Oklahoma shall consist of:
1. The Adolescent Unit, a building constructed pursuant to the provisions of Section 10, Chapter 341, O.S.L. 1981, Section 20, Chapter 374, O.S.L. 1982, Section 32, Chapter 326, O.S.L. 1983 and Section 114, Chapter 296, O.S.L. 1984; and
2. The Leland Wolf Unit, formerly known and designated as the Leland Wolf Rehabilitation Center of Central State Griffin Memorial Hospital.
B. There is hereby created a petty cash fund for the Children’s Recovery Center of Oklahoma. The Director of State Finance and Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of this petty cash fund and the Director of State Finance shall prescribe the rules and procedures for
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the administration of this petty cash fund.
§ 3-106. Authority to Establish Community Mental Health Services
A. The Commissioner of Mental Health and Substance Abuse Services is hereby authorized to establish a community mental health service area to include the counties of Cherokee, Adair, Sequoyah, Wagoner, and any other counties deemed appropriate by the Commissioner of Mental Health and Substance Abuse Services.
B. There is hereby created within the Department of Mental Health and Substance Abuse Services a designated community mental health facility to serve the service area provided for in subsection A of this section that shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services. Said facility shall be named the Bill Willis Community Mental Health and Substance Abuse Services Center and shall be located at Tahlequah.
C. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, personnel, records, equipment, supplies, and funds to include, if appropriate, revolving funds and encumbrances from other facilities of the Department of Mental Health and Substance Abuse Services, to the Bill Willis Community Mental Health and Substance Abuse Services Center.
D. There is hereby created a petty cash fund for the Bill Willis Community Mental Health and Substance Abuse Services Center. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 3-107. Drug and Alcohol Treatment Centers – Petty Cash Funds – Authority to Transfer Property, Records, Supplies, Funds, etc.
A. There are hereby created and designated as facilities within the Department of Mental Health and Substance Abuse Services, the Norman Alcohol and Drug Treatment Center at Norman and the Rose Rock Recovery Center at Vinita. The facilities shall be operated under the supervision and administration of the Commissioner of Mental Health and Substance Abuse Services. It is the intent of the Legislature that the centers in Norman and Vinita utilize and receive business management, support services and medical ancillary services of the respective state facility where the center is located.
B. There are hereby created separate petty cash funds for the Alcohol and Drug Treatment Centers at Norman and Vinita. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of each petty cash fund. The Director of State Finance shall prescribe the rules and procedures for the administration of each petty cash fund.
C. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, records, equipment, supplies, funds, and encumbrances from Griffin Memorial Hospital to or from the Norman Alcohol and Drug Treatment Center; and to effect the transfer of
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property, records, equipment, supplies, funds, and encumbrances from the Oklahoma Forensic Center to or from the Rose Rock Recovery Center.
§ 3-107a. Creation of Western State Psychiatric Center at Fort Supply
A. The Northwest Center for Behavioral Health at Fort Supply, Oklahoma, is hereby created and designated a facility within the Department of Mental Health and Substance Abuse Services. The facility shall be operated under the supervision of the Department and shall consist of those entities formerly known as:
1. Western State Hospital, Fort Supply;
2. Northwest Oklahoma Community Mental Health and Substance Abuse Services Center;
3. Fort Supply Alcohol and Drug Treatment Center at Fort Supply; and
4. Western State Psychiatric Center, Fort Supply.
B. Northwest Center for Behavioral Health shall serve as a regional inpatient mental health and substance abuse services center serving counties deemed appropriate by the Commissioner of Mental Health and Substance Abuse Services. Northwest Center for Behavioral Health shall also provide outpatient mental health and substance abuse services to Alfalfa, Beaver, Cimarron, Ellis, Harper, Major, Texas, Woods and Woodward Counties, and any other counties deemed appropriate by the Commissioner.
C. The Department is authorized to effect the transfer of property, records, equipment, supplies and funds, and encumbrances from Western State Hospital, Northwest Oklahoma Community Mental Health and Substance Abuse Services Center, and Fort Supply Alcohol and Drug Treatment Center to the Northwest Center for Behavioral Health.
§ 3-107b. Tulsa Center for Behavioral Health
A. The “Tulsa Center for Behavioral Health” is hereby created and designated as a facility within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.
B. There is hereby created a petty cash fund for the Tulsa Center for Behavioral Health. The Director of State Finance and Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of this petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.
§ 3-108. Treatment and Rehabilitation of Minor Drug Addicts
The Commissioner of Mental Health and Substance Abuse Services is hereby authorized and directed to establish an appropriate room or ward for alcohol and other drug treatment services for adolescents, with special emphasis on the rehabilitation of a consumer during treatment, and to provide an adequate program for reestablishment into society upon release.
§ 3-109. Canteens
There may be established and maintained at each of the facilities within the Department of Mental Health and Substance Abuse Services a canteen. Any profits from the canteen of a facility shall be used for the benefit of the consumers of the facility.
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§ 3-110. Repealed
§ 3-111. Land, Buildings, and Equipment – Cooperative Agreements to Provide Certain Services – Records
A. The provisions of this section shall not become effective until funding to implement this section is authorized by the Legislature.
B. Except as provided in subsection C of this section, the land, and all buildings and equipment attached thereto, at Northwest Center for Behavioral Health at Fort Supply, Oklahoma, shall be transferred from the Department of Mental Health and Substance Abuse Services to the Department of Corrections. The transfer shall be of surface rights only and all interest in mineral rights shall be retained by the Department of Mental Health and Substance Abuse Services. The transferred land shall be used for a correctional institution to incarcerate prisoners of minimum security classification.
C. The Department of Mental Health and Substance Abuse Services shall retain the following land, all buildings and equipment attached thereto, which shall comprise Northwest Center for Behavioral Health:
Beginning at a point 732 ft. North and 33.0 ft. East of the 1/4 section corner common to Sections 8 and 9, T-24-N, R-22-W, thence N89 37 26E, 3877.0 ft., thence S02 07 26W, 318.0 ft., thence N75 55 34W, 115 ft., thence S42 17 05W, 85.0 ft., thence S13 46 36W, 228.0 ft., thence N76 13 24W, 122.0 ft., thence S14 06 36W, 230.0 ft., thence N75 53 24W, 163.0 ft., thence S13 56 36W, 185.0 ft., thence N76 03 24W, 220.0 ft., thence S84 31 16W, 378.0 ft., thence S22 09 00W, 347.0 ft., to the North R/W line of S.H.3, thence N67 51 00W along said R/W line 2601.99 ft. to the P.C. of a curve, thence 142.19 ft. along a curve to the left having a radius of 1959.86 ft., said point being on the East R/W line of the N and S section line, thence N00 16 54W along said R/W line 157.16 ft. to the point of beginning. Said described tract contains 61.70 acres more or less.
D. The Department of Corrections and the Department of Mental Health and Substance Abuse Services shall enter into cooperative agreements to provide the following services:
1. Security personnel;
2. Utilities;
3. Water;
4. Sewage;
5. Maintenance of grounds;
6. Electrical maintenance and repair;
7. Carpentry;
8. Printing;
9. Caustic storage;
10. Warehouse facilities;
11. Food service;
12. Laundry service;
13. Sewing;
14. Dental services;
15. Switchboard services;
16. Use of motor pool;
17. Cost and statistics;
18. Supplies, other than pharmaceuticals and laboratory supplies;
19. Inpatient infirmary services;
20. Pharmacy;
21. Professional services for treatment alternatives for drinking drivers; and
22. Professional services for the Youthful Offender Program.
E. The Department of Mental Health and Substance Abuse Services and the Department of Corrections jointly shall provide fire fighting services for Northwest Center for Behavioral Health, the correctional institution at Fort
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Supply, Oklahoma, and the surrounding community.
F. All official records pertaining to the operation of Northwest Center for Behavioral Health shall be retained by the Department of Mental Health and Substance Abuse Services. All inventory not needed for the operation of Northwest Center for Behavioral Health shall be transferred to the Department of Corrections.
§ 3-112. Permission for Department to Become Members of Public or Private Behavioral Health Consortiums
The Department of Mental Health and Substance Abuse Services and its operating facilities may become members of public or private behavioral health consortiums, health maintenance organizations, preferred provider organizations, and hospital or other health care networks to provide behavioral health services. The Department and its operating facilities may pay dues or fees assessed for such membership and are hereby authorized to enter into contracts with such entities for the purpose of providing mental health or substance abuse services.
§§ 3-113 and 3-113.1. Repealed
§ 3-113.1. Task Force on Behavioral Health
A. There is hereby re-created until July 1, 2004, the Task Force on Behavioral Health.
B. The Task Force shall be composed of twenty-four (24) members as follows:
1. The Director of the Department of Human Services, or a designee;
2. The Director of the Department of Corrections, or a designee;
3. The Commissioner of the Department of Mental Health and Substance Abuse Services, or a designee;
4. The State Commissioner of Health, or a designee;
5. The Executive Director of the Office of Juvenile Affairs, or a designee;
6. The Administrator of the Oklahoma Health Care Authority, or a designee;
7. The State Superintendent of Public Instruction, or a designee;
8. A medical doctor certified as an addiction specialist, appointed by the Speaker of the House of Representatives;
9. A licensed behavioral health provider, appointed by the President Pro Tempore of the Senate;
10. Three persons appointed by the Governor, representing the following groups:
a. a family member of a child consumer of behavioral health services,
b. a not-for-profit youth and family services provider, and
c. a consumer of domestic violence services;
11. Three persons appointed by the President Pro Tempore of the Senate, representing the following groups:
a. a for-profit behavioral health provider,
b. a not-for-profit substance abuse treatment provider, and
c. a consumer of mental health services;
12. Three persons appointed by the Speaker of the House of Representatives, representing the following groups:
a. a not-for-profit community mental health provider,
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c. a consumer of substance abuse services;
13. Three members of the Oklahoma House of Representatives appointed by the Speaker of the House of Representatives; and
14. Three members of the Oklahoma State Senate appointed by the President Pro Tempore of the Senate.
C. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each name a cochair of the Task Force from among the legislative members appointed to the Task Force. The members of the Task Force shall elect any other officers during the first meeting and upon a vacancy in any office. The Task Force shall meet as often as necessary. Task Force members employed by the state shall be reimbursed travel expenses related to their service on the Task Force by their respective agencies pursuant to the provisions of the State Travel Reimbursement Act. Legislative members of the Task Force shall be reimbursed for their necessary travel expenses incurred in the performance of their duties in accordance with Section 456 of Title 74 of the Oklahoma Statutes. Remaining Task Force members shall be reimbursed travel expenses related to their service on the Task Force by their appointing authorities pursuant to the provisions of the State Travel Reimbursement Act.
D. Administrative support for the Task Force, including, but not limited to, personnel necessary to ensure the proper performance of the duties and responsibilities of the Task Force, shall be provided by the staff of the House of Representatives and the Senate. All participating state agencies may provide for any administrative support through interagency agreements with other state agencies represented on the Task Force, pursuant to the provisions of the Interlocal Cooperation Act.
E. The Task Force shall:
1. Make recommendations regarding the cooperative and coordinated delivery of behavioral health services by state agencies responsible for providing such services. In making such recommendations, the Task Force shall conduct a review which includes, but is not limited to:
a. identification of all services currently offered and persons actually served,
b. identification of barriers to services,
c. assessment of the quality of services offered and recommendations to improve the quality of services offered,
d. the extent of duplication of effort between state agencies and recommendations for integration and appropriate streamlining of service delivery,
e. assessment of oversight of providers of behavioral health services to determine whether the type of oversight is appropriate to the services offered and is adequate to ensure quality, and whether oversight services are duplicated by more than one agency,
f. assessment of performance outcomes, and recommendations for improvement of performance outcomes,
g. cost analysis of provided services,
h. analysis of how to fund adequate services while ensuring quality,
i. identification of the nature and requirements of available grants and the ability of state agencies and their contractors to obtain available grants,
j. identification of any other problem area related to delivery of behavioral health services,
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k. recommendations for development of a behavioral health system of care for children,
l. recommendations for an integrated and comprehensive behavioral health system of care for adults needing substance abuse treatment or other behavioral health services,
m. review of professional qualifications of providers of behavioral health services, and
n. examination of the privatization of services provided to the population served by state agencies and recommendations regarding privatization of services; and
2. Submit any legislative proposals necessary to implement the findings of the Task Force on or before December 1 of each year.
F. The Task Force shall submit an annual report to each agency affected by the report, the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the appropriate committees of the State Senate and the House of Representatives.
§ 3-201. Statewide System of Precare and Aftercare Services
The Commissioner may establish a statewide system of precare and aftercare services, to include receiving hospital services and halfway houses, in relation to the admission and discharge of patients from state mental hospitals. Physical facilities for these services may be leased, purchased, or constructed by the State of Oklahoma or donated to the Department of Mental Health and Substance Abuse Services. Contracts for such services may be negotiated with professional persons, privately owned facilities, or publicly operated facilities. These services may be operated separately or in connection with existing state mental hospitals. These services shall be used for the care and treatment of the mentally ill, especially for those whose condition makes it likely that hospitalization will be necessary and for those patients discharged from state mental hospitals who require periodic outpatient supervision and treatment. Such services shall operate in accordance with the regulations established by the Commissioner.
§ 3-250. Repealed
UNIFIED COMMUNITY MENTAL HEALTH SERVICES ACT
§ 3-301. Short Title
Sections 3-301 through 3-319 of this title shall be known as the "Unified Community Mental Health Services Act".
§ 3-302. Definitions
As used in the Unified Community Mental Health Services Act:
1. "Certified behavioral health case manager" means any person who is certified by the Department of Mental Health and Substance Abuse Services to offer behavioral health case management services within the confines of a mental health facility, or services for alcohol and drug dependents, that is operated by the Department or contracts with the state to provide behavioral services;
2. "Case management" means the application of case management principles and practices of linking, advocacy and referral in partnership with the consumer to support the consumer in self-sufficiency and community tenure for consumers of mental health or substance abuse services;
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3. "Catchment area or service area" means a geographic area established by the Department of Mental Health and Substance Abuse Services;
4. "Community mental health center" means a facility offering:
a. a comprehensive array of community-based mental health services, including, but not limited to, outpatient treatment, emergency evaluation and care, consultation, education, rehabilitation services, and aftercare, and
b. certain services at the option of the center, including, but not limited to, inpatient treatment, training programs, and research and evaluation programs;
5. "Community mental health services", in conformance with federal requirements, means services for the treatment of mental illness and co-occurring substance abuse disorders, and the prevention, diagnosis, or rehabilitation of such persons;
6. "Mental health facility" means:
a. a community mental health center,
b. an outpatient facility offering diagnostic and treatment services,
c. a day care facility offering a treatment program for children or adults suffering from mental or emotional problems, or
d. community residential mental health programs and facilities which provide supervised residential care, counseling, case management or other similar services to children or adults suffering from mental or emotional problems; and
7. "Program of assertive community treatment" means a facility, agency or organization that offers or provides a self-contained clinical team, under the medical supervision of a licensed psychiatrist, to provide needed treatment, rehabilitation, and support services to individuals with serious mental illness who have severe symptoms and impairments not effectively remedied by available treatments or to individuals who resist or avoid involvement in other needed mental health services.
§§ 3-303 to 3-305. Repealed
§ 3-306. Board of Mental Health and Substance Abuse Services – Responsibilities and Authority
A. The Board of Mental Health and Substance Abuse Services shall have the responsibility and authority to:
1. Promulgate rules governing eligibility of public agencies or mental health facilities to contract with the Department of Mental Health and Substance Abuse Services;
2. Prescribe standards for qualifications of personnel and quality of professional services;
3. Ensure eligibility for community mental health services so that no person will be denied services on the basis of race, color or creed or inability to pay; and
4. Promulgate such other rules as may be necessary to carry out the provisions of the Unified Community Mental Health Services Act.
B. The Department shall have the following responsibilities and authority to:
1. Provide technical assistance to community mental health facilities and boards;
2. Provide clinical, fiscal and management audit of services and facilities;
3. Approve and compile catchment area plans and budget requests into a statewide mental health plan and budget for submission to the Governor, Legislature and federal funding sources as appropriate; and
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4. Assist mental health facilities in the recruitment of qualified personnel and in conducting in-service training programs.
§ 3-306.1. Rules and Standards for Certification as Community Mental Health Center
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of a facility or organization that desires to be certified as a community mental health center. No community mental health center shall operate or continue to operate unless the facility complies with the rules and standards promulgated by the Board and is certified as required by this section.
B. Applications for certification as a community mental health center shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the community mental health centers for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board.
C. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community mental health centers as provided in Section 3-324 of this title.
D. Certified community mental health centers shall comply with standards adopted by the Board. Such standards shall be in compliance with:
1. The Joint Commission on Accreditation of Healthcare Organizations;
2. The Commission on Accreditation of Rehabilitation Facilities; or
3. Approved medical and professional standards as determined by the Board.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§§ 3-307 to 3-309. Repealed
§ 3-310. Contracting Nonprofit Private Agencies to Submit Budget, Salary and Employee Benefits Information to Department
Any nonprofit private agency providing services pursuant to a contract or subcontract with the Department of Mental Health and Substance Abuse Services, the Board of Mental Health and Substance Abuse Services or any facility of the Department of Mental Health and Substance Abuse Services and receiving funds disbursed thereof shall submit information on operating budgets and employee salaries and benefits to the Department of Mental Health and Substance Abuse Services.
§ 3-311. Funds
The funds appropriated to the Department of Mental Health and Substance Abuse Services for the support of private nonprofit organizations and state-operated centers shall be administered pursuant to the provisions of the Unified Community Mental Health Services Act. Funds for the support of private nonprofit organizations shall be authorized by the Department of Mental Health and Substance Abuse Services only on the basis of performance contracts or fee-for-service contracts. Said funds may be reduced or withheld by the Commissioner in amounts necessary to require compliance with the provisions
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 31
of the Unified Community Mental Health Services Act. Expenditures of said funds by public and private nonprofit organizations shall be subject to audit by the Department of Mental Health and Substance Abuse Services, which shall utilize audit procedures sufficient to ascertain the proper use of state monies by each recipient.
§§ 3-312 to 3-314.2. Repealed
§ 3-315. Minimum Standards for Program Certification for Community Residential Mental Health Programs – Classification – Termination – Fees – Compliance
A. The Board of Mental Health and Substance Abuse Services shall adopt minimum standards for program certification for residential care homes operating as community residential mental health programs as provided in this section. The standards shall be adopted as rules and promulgated by the Board of Mental Health and Substance Abuse Services pursuant to the provisions of the Administrative Procedures Act.
B. The program certification standards adopted by the Board shall provide for a system of classification of community residential mental health programs based upon the level of care required by residents of the facility and establish minimum program certification standards for each classification. The program certification standards adopted by the Board for each classification shall be such that residential care facilities having a valid contract with the Department and licensed by the State Department of Health on July 1, 1988, shall be qualified and eligible for program certification within an appropriate classification.
C. The Department shall terminate the contract of any home that fails to meet contract provisions regarding financial statements.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community residential mental health facilities and programs as provided in Section 3-324 of this title.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-315.1. Development and Implementation of Procedures that Offer Residential Care Facilities
The Department of Mental Health and Substance Abuse Services shall, with funds appropriated for community residential mental health facilities, develop and implement procedures that offer all residential care facilities that meet licensure requirements the opportunity to become certified and to contract for socialization or other supportive assistance services to residents authorized by the Department of Mental Health and Substance Abuse Services as needing those services. The funds provided for each client for supportive assistance or socialization shall follow the client in any residential setting.
§ 3-315.2. Repealed
§ 3-315.2a. Action for Injunction
A. The Attorney General, the Department of Mental Health and Substance Abuse Services or the district attorney of the appropriate district court may bring an action in a court of
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 32
competent jurisdiction for an injunction against any substance abuse facility believed to be in violation of the Oklahoma Alcohol and Drug Act or any order or determination of the Department.
B. In any action for an injunction brought pursuant to this section, any findings of the Department, after hearing and due process, shall be prima facie evidence of the facts found therein.
C. The district court for the county where the facility is located has jurisdiction to determine the action, to grant the necessary injunctive relief and to award attorney fees to the prevailing party.
§ 3-316. Repealed
§ 3-317. Community-Based Structured Crisis Center – Certification – Operation – Compliance
A. The Board of Mental Health and Substance Abuse Services, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, shall certify community-based structured crisis centers for the provision of nonhospital emergency services for mental health and substance abuse crisis intervention. The Board shall promulgate rules for the certification of community-based structured crisis centers.
B. No community-based structured crisis center shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
C. For the purposes of this section, "community-based structured crisis center" means any certified community mental health center or facility operated by the Department which is established and maintained for the purpose of providing community-based mental health and substance abuse crisis stabilization services including, but not limited to, observation, evaluation, emergency treatment and referral, when necessary, for inpatient psychiatric or substance abuse treatment services.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community-based structured crisis centers as provided in Section 3-324 of this title.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-318. Rules and Standards for Certification of Behavioral Health Case Managers – Application for Certification – Fee – Titles – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of behavioral health case managers who are employed by the state or by behavioral services providers contracting with the state to provide behavioral health services. Such rules and standards shall address criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
B. Application for certification as a behavioral health case manager shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 33
Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the behavioral health case manager for a period of two (2) years subject to renewal as provided in the rules promulgated by the Board.
C. The Board is authorized to establish an application and renewal fee of no more than One Hundred Dollars ($100.00) to defray the costs incurred in the certification process.
D. Behavioral health case managers certified by the Board or the Commissioner shall only use the title "certified behavioral health case manager" if employed by the state or by behavioral services providers contracting with the state to provide behavioral health services. This section shall not be construed to permit the certified behavioral health case manager to practice any of the following professions or use the following titles unless also licensed or accredited by the appropriate authority: physician, psychologist, clinical social worker, professional counselor, marital and family therapist, behavioral practitioner, or alcohol and drug counselor.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
F. No behavioral health case manager shall operate or continue to operate as a behavioral health case manager unless the case manager complies with the rules promulgated by the Board and is certified as required by this section.
§ 3-319. Rules and Standards for Certification of Program of Assertive Community Treatment
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of facilities or organizations that desire to be certified as a program of assertive community treatment for the provision of community-based comprehensive treatment for persons with serious mental illness and related disorders.
B. Applications for certification as a program of assertive community treatment shall be made to the Department on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program of assertive community treatment for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of programs for assertive community treatment as provided in Section 3-324 of this title.
C. No program of assertive community treatment shall operate or continue to operate unless the program complies with the rules promulgated by the Board and is certified as required by this section.
D. Failure to comply with regulations and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-320. Certified Eating Disorder Treatment Programs – Definition – Applications for Certification – Exemption – Fee – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 34
certification of eating disorder treatment programs and for private facilities and organizations that offer eating disorder treatment services in this state. Such facilities and organizations shall be known as "Certified Eating Disorder Treatment Programs".
B. For purposes of this section, "eating disorder treatment" means any treatment for anorexia nervosa, bulimia nervosa, or any other severe disturbances in eating behavior specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
C. Applications for certification as a certified eating disorder treatment program, pursuant to the provisions of this section, shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. Nothing in this section shall preclude the Department from making inspection visits to a program to determine program compliance.
D. Hospitals licensed by the State Department of Health shall be exempt from certification requirements. In addition, licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, registered nurses, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in their private practices and not to any eating disorder treatment program operated by such person.
E. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of eating disorder treatment programs as provided in Section 3-324 of this title.
F. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
G. No eating disorder treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
§ 3-321. Action for Injunction Against Eating Disorder Treatment Program
A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or any district attorney may bring an action for an injunction against any eating disorder treatment program found to be in violation of the provisions of Section 16 of this act, or any order or determination of the Department.
B. In any action for an injunction brought pursuant to the provisions of this section, any findings of the Department, after hearing and due notice, shall be prima facie evidence of the facts found therein.
§ 3-322. Certified Gambling Addiction Treatment Programs – Rules – Applications for Certification – Exemption – Fee – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of gambling addiction treatment programs and for private facilities and organizations which offer
Effective Nov. 1, 2010 thru Oct. 31, 2011 Page 35
gambling addiction treatment services in this state. These facilities and organizations shall be known as "Certified Gambling Addiction Treatment Programs".
B. Applications for certification as a certified gambling addiction treatment program, pursuant to th

STATE OF OKLAHOMA
Department of Mental Health and Substance Abuse Services
Title 43A
Mental Health Law
November 1, 2010 thru
October 31, 2011 This book is published by the Oklahoma Department of Mental Health and Substance Abuse Services. It contains the unofficial text of Title 43A of the Oklahoma Statutes. Effort has been made to insure this text is the same as the official version.
For additional copies of this publication contact
ODMHSAS Resource Center
Shepherd Mall – Suite 82
2401 NW 23rd Street
Oklahoma City, Oklahoma 73107
(405) 522-3810
or
www.odmhsas.org
This publication printed and issued by the Oklahoma Department of Mental Health and Substance Abuse Services, as authorized by Terri White, Commissioner. Six hundred (600) copies have been prepared and distributed at an approximate cost of fifteen hundred dollars ($1500). Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries.
TITLE 43A
MENTAL HEALTH LAW
SHORT TITLE, PURPOSE, DEFINITIONS, POLICY
1-101 Mental Health Law
1-102 Purpose
1-103 Definitions
1-104 Public Policy
1-105 Mental or Legal Incompetence – Presumptions
1-106 District Attorney to Represent State in Proceedings for Involuntary Admissions
1-107 Venue
1-108 Habeas Corpus
1-109 Privileged, Confidential Nature of Medical Records and Physician/Client Communications
1-109.1 Designation of Family Member as Treatment Advocate - Treatment Advocate Consent Form
1-110 Reimbursement of Sheriffs from Department of Mental Health and Substance Abuse Services
DEPARTMENT AND BOARD OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
2-101 Department of Mental Health and Substance Abuse Services
2-102 Charge and Control of Institutions in Department
2-103 Board of Mental Health – Members – Meetings – Official Action – Duties – Travel Expenses – Members' Service on Board of Medical Licensure and Supervision
2-104 Surplus Equipment – Purchasing Agent – Authorization to Spend Funds on Recreational Facilities
2-105 Board of Mental Health and Substance Abuse Services as Mental Health and Substance Abuse Services Authority
2-106 Donations, Grants, Devises, and Bequests – Investment of Funds – Lease or Sale of Property – Annual Account to State Auditor and Inspector
2-107 Approval of Easements, Leases, etc. – Deposit of Monies
2-108 Investigation into Care and Treatment of the Mentally Ill – Resolution of Complaints – Confidentiality of Records
2-109 Office of Consumer Advocacy – Authority of Advocate General – Confidentiality – Disclosure
2-110 Citizen Advisory Group
2-111 Creation of Real Property Trust
2-150 to 2-152 Repealed
COMMISSIONER
EXECUTIVE DIRECTORS,
OFFICERS, EMPLOYEES,
COUNSEL
2-201 Qualifications and Salary of Commissioner of Mental Health and Substance Abuse Services
2-202 Repealed
2-202.1 Powers and Duties Commissioner of Mental Health and Substance Abuse Services
2-203 Classifications of Employee Positions
2-204 Repealed
2-205 Internal Audit Program
2-206 Legal Services
2-207 Authority of Commissioner to Employ Personnel and Counsel
2-208 to 2-212 Repealed
2-213 Chaplain
i
2-214 Training Schools or Facilities for Personnel
2-215 to 2-217 Repealed
2-218 Misuse or Misappropriation of Funds a Misdemeanor – Punishment
2-219 Abuse to Consumers a Felony – Punishment
2-220 Failure of Superintendent to Report Abuse to County Officers a Misdemeanor
2-221 Services of Other State Agencies – Contracts with Employees of Other State Agencies
2-222 to 2-223 Repealed
2-224 Authority to Collect Information
OFFICES, RECORDS, FUNDS, INSURANCE, PURCHASING
2-301 Office, Records and Files
2-302 Petty Cash Fund at Central Office
2-303 Department of Mental Health and Substance Abuse Services Revolving Fund
2-304 Malpractice Insurance for Certain Employees
2-305 Authorization to Purchase
2-306 State Board of Public Affairs Purchasing Agent
2-307 Trust for Benefit of Any Insane Person or Persons
2-308 to 2-309 Repealed
2-310 Creation of Intra-agency Reimbursement Revolving Fund
2-311 Community-based Substance Abuse Revolving Fund
2-400 Repealed
DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES INSTITUTIONS
3-101 Institutions Maintained for
Residents
3-101.1 to 3-101.6 Repealed
3-102 The Carl Albert Community Mental Health Center – Jim Taliaferro Community Mental Health Center
3-103 Central Oklahoma Community Mental Health and Substance Abuse Services Center
3-104 Repealed
3-105 Children's Recovery Center of Oklahoma, Norman, Oklahoma
3-106 Authority to Establish Community Mental Health Services
3-107 Drug and Alcohol Treatment Centers – Petty Cash Funds – Authority to Transfer Property, Records, Supplies, Funds, etc.
3-107a Creation of Western State Psychiatric Center at Fort Supply
3-107b Tulsa Center for Behavioral Health
3-108 Treatment and Rehabilitation of Minor Drug Addicts
3-109 Canteens
3-110 Repealed
3-111 Land, Buildings, and Equipment – Cooperative Agreements to Provide Certain Services – Records
3-112 Permission for Department to Become Members of Public or Private Behavioral Health Consortiums
3-113 and 3-113.1 Repealed
3-113.1 Task Force on Behavioral Health
3-201 Statewide System of Precare and Aftercare Services
3-250 Repealed
UNIFIED COMMUNITY MENTAL
HEALTH SERVICES ACT
3-301 Short Title
3-302 Definitions
3-303 to 3-305 Repealed
3-306 Board of Mental Health and Substance Abuse Services – Responsibilities and Authority
ii
3-306.1 Rules and Standards for Certification as Community Mental Health Center
3-307 to 3-309 Repealed
3-310 Contracting Nonprofit Private Agencies to Submit Budget, Salary and Employee Benefits Information to Department
3-311 Funds
3-312 to 3-314.2 Repealed
3-315 Minimum Standards for Program Certification for Community Residential Mental Health Programs – Classification – Termination – Fees – Compliance
3-315.1 Development and Implementation of Procedures that Offer Residential Care Facilities
3-315.2 Repealed
3-315.2a Action for Injunction
3-316 Repealed
3-317 Community-Based Structured Crisis Center – Certification – Operation – Compliance
3-318 Rules and Standards for Certification of Behavioral Health Case Managers – Application for Certification – Fee – Titles – Compliance
3-319 Rules and Standards for Certification of Program of Assertive Community Treatment
3-320 Certified Eating Disorder Treatment Programs – Definition – Applications for Certification – Exemption – Fee – Compliance
3-321 Action for Injunction Against Eating Disorder Treatment Program
3-222 Certified Gambling Addiction Treatment Programs – Rules – Applications for Certification – Exemption – Fee – Compliance
3-323 Action for Injunction Against Gambling Addiction Treatment Program
3-324 Certification and Renewal Fees
3-325 Authority to Contract
3-326 Certification as Peer Recovery Support Specialist – Rules – Application – Fees – Titles – Penalties
OKLAHOMA ALCOHOL AND DRUG ABUSE SERVICES ACT
3-401 Short Title
3-402 Public Policy – Purpose
3-403 Definitions
3-404 Repealed
3-405 Use of Monies
3-406 Repealed
3-406.1 Purchase of Alcohol and Drug Therapy – Authority of Board of Mental Health and Substance Abuse Services and Oklahoma Health Care Authority Board
3-407 to 3-414 Repealed
3-415 Certified Services for the Alcohol and Drug Dependent – Application – Time Frame – Penalties – Exemptions – Standards – Publications – Fees – Confidentiality
3-416 Standards – Treatment Services and Rules of Operation – Guidelines
3-417 Application for License
3-417.1 Location of Treatment Facility, Transitional Living Center, or Halfway House Subject to Zoning Ordinances
3-418 to 3-423 Repealed
3-424 Rights of Consumer in Inpatient or Residential Mental Health or Substance Abuse Facility – Restrictions
3-425 Alcohol- and Drug-Dependent Person with Associated Medical Problems – Treatment
3-425.1 Education in Treatment Facility on H.I.V.
3-426 Fees and Costs – Payment
3-427 Alcohol- or Drug-Dependent Person Who is Also Deemed Mentally Ill Person
iii
3-428 Intoxicated Person in Public Place – Assistance – Protective Custody – Detention
3-429 Emergency Service Patrols
3-451 Definitions
3-452 Courts - Conditional Participation in Drinking Drivers Course
3-453 Institutions and Organizations that May Offer Courses – Fees – Limitations on Enrollment – Rules – Course Sessions – Reimbursement – Revolving Fund – Compliance
3-453.1 Action for Injunction – Operating Alcohol and Drug Substance Course Without Certification
3-453.2 Facilitator Certification – Requirements for Twenty-Four-Hour Course – Time Requirements
3-460 Alcohol and Drug Assessment Personnel – Fees – Rules – Transfer of Unobligated Monies – Compliance
3-460.1 Action for Injunction – Performing Alcohol and Drug Assessments Without Certification
3-461 Certification to Offer Alcohol and Drug Substance Abuse Course Assessments – Authority to Promulgate Rules and Standards
OKLAHOMA COMPREHENSIVE
MENTAL HEALTH SERVICES FOR
THE DEAF AND HARD-OF-HEARING
ACT
3-501 to 3-503 Repealed
NARCOTIC TREATMENT PROGRAMS
3-601 Opiod Substitution Treatment Programs – Addicted Persons – Felons – Registry – Rules and Standards ��� Closure
3-602 Case Review Teams
3-603 Fees – Termination from Program – Rules and Regulation for Implementation of Act
TREATMENT OF INMATES IN CORRECTIONAL FACILITIES
3-701 Repealed
3-701a Renumbered as 57 O.S. § 627 by Laws 2007, SB 523, c. 337, § 2, emerg. eff. June 4, 2007
3-702 Mentally Ill Persons – Examination – Transfer to State Mental Institution –Outpatient Treatment – Costs – Expiration of Sentence
3-703 Repealed
CARE AND TREATMENT IN FACILITIES WITHIN OR CERTIFIED BY THE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
4-101 Humane Care and Treatment – Food – Discipline – Medical Care
4-102 Individualized Treatment Plans – Requirements
4-103 Repealed
4-103.1 Executive Director’s Custody and Control of Consumer
4-104 Major Operations on Consumer
4-105 Service of Process on Consumer
4-106 Mechanical Restraints Prohibited – Exceptions – Record of Use
4-107 Repealed
4-107a Rights of Consumer in Inpatient or Residential Mental Health Facility
4-108 Labor by Consumers
4-109 Repealed
COSTS OF TREATMENT AND CARE
4-201 Liability of Consumer for Care and Treatment – Inability to Pay Shall Not Limit Admission iv
4-202 Determination of Amount Payable – Limitation of Amount
4-203 Reduction or Waiver of Liability in Accordance With Ability to Pay
4-204 Cost of Care and Treatment Payable Monthly Except as Otherwise Agreed Upon – Statements
4-205 Duty of Guardian to Pay – Collection by Suit or Other Proceedings – Procedure
4-206 Proof of Indebtedness – Monies Deposited With State Treasurer to Credit of Revolving Fund of Such Institution
ADMISSIONS
5-101 Methods of Admission to Institution
5-102 Official Forms Necessary to Admission
5-103 Conspiracy to Have Person Admitted Unlawfully or Maliciously a Misdemeanor - Punishment
5-104 False Certification as to Mental Illness a Misdemeanor - Punishment
RIGHTS DURING DETENTION OR CONFINEMENT
5-201 Rights of Detained Persons upon Entry into Facility
5-202 Confinement of Persons Allegedly or Adjudged Mentally Ill
5-203 Conveyance of Females Patients
5-204 Treatment and Medication During Pre-Screening Detention – Liability – Seclusion or Restraint
5-205 Repealed
5-206 Definitions
5-207 Emergency Detention
5-208 Examination of Person in Protective Custody
5-209 Additional Period of Detention – Notification of Interested Parties of Detention
5-210 to 5-212 Repealed
MENTAL HOSPITAL VOLUNTARY ADMISSION PROCEDURES ACT
5-301 Short Title
5-301.1 Definition of "Person"
5-302 Status as Informal Patient
5-303 Liability for Refusing Admittance to Patient
5-304 Voluntary Admission to State and Private Institutions – Cost of Care and Treatment – Bond
5-305 Application for Voluntary Admission
5-306 Certificate of Physician
5-307 Questioning of Applicant by County Judge – Order
5-308 Order Authorizing Admission
5-309 Detention Against Will Prohibited – Notice of Desire to be Discharged
5-310 Mental Health Law Provisions Applicable
5-311 Procedure as Cumulative
5-401 to 5-402 Repealed
5-403 to 5-407 Renumbered as 43A O.S. § 5-416-420 by Laws 1997, HB 2024, c. 387, § 12, eff. Nov. 1, 1997
5-408 to 5-409 Blank
INVOLUNTARY COMMITMENT
5-410 Petition to the District Court
5-411 Rights of Person Alleged to be a Person Requiring Treatment
5-412 Notice of Hearing
5-413 Request for Prehearing Detention Order
5-414 Mental Health Evaluation – Report of Licensed Mental Health Professional
5-415 Hearing – Records
5-416 Alternatives to Hospitalization
5-417 Precommitment Examination – Matters Included
5-418 Precommitment Screening Examination – Copy of Order to be
v
Provided Examinee – Explanation of Examination
5-419 Modification Order – Notice – Contents of Notice
5-420 Review of Status of Persons Involuntarily Detained
5-421 Emergency Service Patrols – Standards
INPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT OF MINORS ACT
5-501 Short title – Public Policy – Legislative Intent
5-502 Definitions
5-503 Admission for Inpatient Mental Health or Substance Abuse Treatment
5-504 Responsibility and Jurisdiction Over Child Allegedly in Need of Mental Health Treatment
5-505 Repealed
5-505.1 Protective Custody and Detention – Mentally Ill, Alcohol-dependent or Drug-dependent Minor
5-506 Admission of Minor 16 Years or Older who Objects to Admission
5-507 Admission of Minor Who is Ward of Court or Alleged Deprived Child – Emergency Psychiatric Admission – Mental Health Evaluation
5-508 Mental Health Evaluation Report
5-509 Filing of Petition
5-510 Notice of Hearing on Petition – Appointment of Attorney – Independent Mental Health Evaluation
5-511 Hearings – Privacy – Transcript – Right to Silence – Decisions – Stipulation of Facts – Trial by Jury - Teleconference
5-512 Determination at Hearing – Commitment
5-513 Discharge Plan
5-521 Department of Mental Health and Substance Abuse Services Pilot Projects
TRANSFER, RELEASE OF NONRESIDENTS; OKLAHOMA RESIDENTS IN OUT-OF-STATE INSTITUTIONS
6-101 Transfer of Nonresident to Hospital in Resident State
6-102 Transfer of Patients to Federal Agencies for Care and Treatment
6-103 Admission of Mentally Ill or Mentally Retarded After Having Been So Admitted in Another State
6-104 Non-Resident Poor or Indigent Person Brought to State for Purpose of Placing in an Institution a Misdemeanor
INTERSTATE COMPACT ON MENTAL HEALTH
6-201 Interstate Compact – Form and Contents
6-202 Director of Department of Mental Health – Rules and Regulations to Effect Compact
6-203 Authority of Compact Administrator to Enter into Supplemental Agreements
6-204 Financial Obligations of State
6-205 Proposed Transferees – Consultation with Family – Approval of County Court
PATIENT DISCHARGE, LEAVE, ESCAPE AND PLACEMENT
7-101 Discharge – Grant of Convalescent Leave – Outpatient, Nonhospital, or Visiting Status – Notification of Discharge – Expense of and Procedure for Return to Facility
7-102 Discharge Planning
vi
7-103 Discharged or Convalescent Leave Patients to be Furnished Suitable Clothing – Expenses in Reaching Family or Friends
7-104 Placement of Homeless Patients
7-105 Personal Funds to be Delivered to Patient When Discharged
7-106 Delivery of Property to Patient, Guardian or Next of Kin – Unclaimed Property
7-107 Escape or Leave Without Permission – Notice – Discharge or Convalescent Leave – Apprehension
7-108 Taking Patient, or Assisting Escape, from Institution a Misdemeanor – Punishment
7-109 to 7-111 Repealed
7-112 Judicial Proceeding for Declaration of Restoration to Soundness of Mind – Procedure
7-113 Incompetence not Requiring Hospitalization – Guardian – Duties
PRIVATE HOSPITALS AND INSTITUTIONS FOR MENTALLY ILL PERSONS
8-101 Court Certification to Private Hospitals
8-102 Repealed
8-103 Methods of Admission
8-104 Voluntary Admission – Release – Detention Permitted for Court Certification
8-105 Procedure for Court Certification
8-106 Attending Physician – Responsibility and Duties – Convalescent Leaves - Discharge
8-107 Escape or Leave Without Permission – Notice – Apprehension and Return
8-108 Transfer of Patients
8-201 to 8-204 Repealed
DRUG- AND ALCOHOL-DEPENDENT PERSONS – TREATMENT AND COMMITMENT
9-101 Voluntary Treatment – Application – Admission – Discharge
9-102 to 9-104 Repealed
PROTECTIVE SERVICES FOR THE ELDERLY AND FOR INCAPACITATED ADULTS ACT
10-101 Short Title
10-102 Purpose
10-103 Definitions
10-104 Report of a Possible Abused Person – Contents – False Report
10-105 Investigation of Report
10-105.1 Summary and Written Description of Investigation Process
10-106 Voluntary Protective Services
10-107 Involuntary Protective Services
10-108 Emergency Protective Services – Extension of Protective Services
10-109 Utilization of Available Services
10-109a Uniform Policy Detailing Employee Duties and Responsibilities
10-110 Confidentiality of Records and Reports
10-110.1 Public Disclosure of Information Relating to Charges Against Caretaker Commits Crime Against Vulnerable Adult Resulting in Death or Near Death of Vulnerable Adult
10-111 Jurisdiction of District Courts
10-112 Vulnerable Adult Intervention Task Force
ADVANCE DIRECTIVES FOR MENTAL HEALTH TREATMENT ACT
11-101 Short Title
11-102 Legislative Findings
11-103 Definitions
11-104 Advance Directive – Execution
11-105 Validity of Advance Directive
11-106 Advance Directive – Form
11-107 Advance Directive
vii
11-108 Responsibility of Declarant to Provide for Delivery of Advance Directive for Treatment
11-109 Advance Directive Revoked by Following Methods – Effectiveness
11-110 Examination – Examiner’s Certificate
11-111 Petition for Appointment of Guardian
11-112 Persons Not Subject to Criminal Liability or Discipline for Unprofessional Conduct
11-113 Penalties
SUICIDE PREVENTION ACT
12-101 Short Title
12-102 Purpose
12-103 Definitions
12-104 Oklahoma Suicide Prevention Council
12-105 Lead Agency
MENTAL HEALTH FIRST AID
PROGRAM
13-101 Mental Health First Aid Pilot Program – Curriculum – Certification – Authorization – Reporting – Rule Making
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2010
TITLE 43A
MENTAL HEALTH LAW
SHORT TITLE, PURPOSE, DEFINITIONS AND POLICY
§ 1-101. Mental Health Law
This act shall be known as the Mental Health Law.
§ 1-102. Purpose
A. The purpose of the Mental Health Law is to provide for the humane care and treatment of persons who:
1. Are mentally ill; or
2. Require treatment for drug or alcohol abuse
B. All such residents of this state are entitled to care and treatment in accordance with the appropriate standard of care.
§ 1-103. Definitions
When used in this title, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:
1. "Department" means the Department of Mental Health and Substance Abuse Services;
2. "Chair" means the chair of the Board of Mental Health and Substance Abuse Services;
3. "Mental illness" means a substantial disorder of thought, mood, perception, psychological orientation or memory that significantly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life;
4. "Board" means the "Board of Mental Health and Substance Abuse Services" as established by this law;
5. "Commissioner" means the individual selected and appointed by the Board to serve as Commissioner of Mental Health and Substance Abuse Services;
6. "Indigent person" means a person who has not sufficient assets or resources to support the person and to support members of the family of the person lawfully dependent on the person for support;
7. "Facility" means any hospital, school, building, house or retreat, authorized by law to have the care, treatment or custody of an individual with mental illness, or drug or alcohol dependency, gambling addiction, eating disorders, or an opioid substitution treatment program, including, but not limited to, public or private hospitals, community mental health centers, clinics, satellites or facilities; provided that facility shall not mean a child guidance center operated by the State Department of Health;
8. "Consumer" means a person under care or treatment in a facility pursuant to the Mental Health Law, or in an outpatient status;
9. "Care and treatment" means medical care and behavioral health services, as well as food, clothing and maintenance, furnished to a person;
10. Whenever in this law or in any other law, or in any rule or order made or promulgated pursuant to this law or to any other law, or in the printed forms prepared for the admission of consumers or for statistical reports, the words "insane", "insanity", "lunacy", "mentally sick", "mental disease" or "mental disorder" are used, such terms shall have equal significance to the words "mental illness";
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11. "Licensed mental health professional" means:
a. a psychiatrist who is a diplomate of the American Board of Psychiatry and Neurology,
b. a physician licensed pursuant to Section 480 et seq. or Section 620 et seq. of Title 59 of the Oklahoma Statutes,
c. a clinical psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists,
d. a professional counselor licensed pursuant to Section 1901 et seq. of Title 59 of the Oklahoma Statutes,
e. a person licensed as a clinical social worker pursuant to the provisions of the Social Worker’s Licensing Act,
f. a licensed marital and family therapist as defined in Section 1925.1 et seq. of Title 59 of the Oklahoma Statutes,
g. a licensed behavioral practitioner as defined in Section 1930 et seq. of Title 59 of the Oklahoma Statutes,
h. an advanced practice nurse as defined in Section 567.1 et seq. of Title 59 of the Oklahoma Statutes specializing in mental health, or
i. a physician’s assistant who is licensed in good standing in this state and has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions;
12. "Mentally incompetent person" means any person who has been adjudicated mentally or legally incompetent by an appropriate district court;
13. a. "Person requiring treatment" means:
(1) a person who because of a mental illness of the person represents a risk of harm to self or others, or
(2) a person who is a drug- or alcohol-dependent person and who as a result of dependency represents a risk of harm to self or others.
b. Unless a person also meets the criteria established in subparagraph a of this paragraph, person requiring treatment shall not mean:
(1) a person whose mental processes have been weakened or impaired by reason of advanced years, dementia, or Alzheimer’s disease,
(2) a mentally retarded or developmentally disabled person as defined in Title 10 of the Oklahoma Statutes,
(3) a person with seizure disorder,
(4) a person with a traumatic brain injury, or
(5) a person who is homeless.
c. A person who meets the criteria established in this section, but who is medically unstable, or the facility holding the person is unable to treat the additional medical conditions of that person should be discharged and transported in accordance with Section 1-110 of this title;
14. "Petitioner" means a person who files a petition alleging that an individual is a person requiring treatment;
15. "Executive director" means the person in charge of a facility as defined in this section;
16. "Private hospital or facility" means any general hospital maintaining a neuro-psychiatric unit or ward, or any private hospital or facility for care and treatment of a person having a mental illness, which is not supported by the state or federal government. The term "private hospital" or "facility" shall not include nursing homes or other facilities maintained primarily for the care of elderly and disabled persons;
17. "Individualized treatment plan" means a proposal developed during the stay of an individual in a facility, under
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the provisions of this title, which is specifically tailored to the treatment needs of the individual. Each plan shall clearly include the following:
a. a statement of treatment goals or objectives, based upon and related to a clinical evaluation, which can be reasonably achieved within a designated time interval,
b. treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to each of these goals and which include specific prognosis for achieving each of these goals,
c. identification of the types of professional personnel who will carry out the treatment procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law,
d. documentation of involvement by the individual receiving treatment and, if applicable, the accordance of the individual with the treatment plan, and
e. a statement attesting that the executive director of the facility or clinical director has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the home community of the individual;
18. "Risk of harm to self or others" means:
a. a substantial risk of immediate physical harm to self as manifested by evidence or serious threats of or attempts at suicide or other significant self-inflicted bodily harm,
b. a substantial risk of immediate physical harm to another person or persons as manifested by evidence of violent behavior directed toward another person or persons,
c. having placed another person or persons in a reasonable fear of violent behavior directed towards such person or persons or serious physical harm to them as manifested by serious and immediate threats,
d. there exists a substantial risk that without immediate intervention severe impairment or injury will result to the person alleged to be a person requiring treatment, or
e. a substantial risk of immediate serious physical injury to self, or immediate death, as manifested by evidence that the person is unable to provide for and is not providing for the basic physical needs of the person and that appropriate provision for those needs cannot be made immediately available in the community.
Unless a person also meets the criteria established in subparagraphs a, b, c, d, or e of this paragraph, "risk of harm to self or others" does not mean a person who is homeless; and
19. "Telemedicine" means the practice of health care delivery, diagnosis, consultation, evaluation, treatment, transfer of medical data, or exchange of medical education information by means of audio, video, or data communications. Telemedicine uses audio and video multimedia telecommunication equipment which permits two-way real-time communication between a health care practitioner and a patient who are not in the same physical location. Telemedicine shall not include consultation provided by telephone or facsimile machine.
§ 1-104. Public Policy
The Oklahoma Legislature hereby declares that the public policy of this state is to assure adequate treatment of persons alleged to be in need of mental health treatment or treatment for drug or
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alcohol abuse, to establish behavioral standards for determination of dangerousness of persons in need of such treatment, to allow for the use of the least restrictive alternative in the determination of the method of treatment, to provide orderly and reliable procedures for commitment of persons alleged to be in need of treatment consistent with due process of law, and to protect the rights of consumers hospitalized pursuant to law.
§ 1-105. Mental or Legal Incompetence – Presumptions
No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court.
§ 1-106. District Attorney to Represent State in Proceedings for Involuntary Admissions
The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitioner for involuntary commitment.
§ 1-107. Venue
A. Civil actions for involuntary commitment of a person may be brought in any of the following counties:
1. The person’s county of residence;
2. The county where the person was first taken into protective custody; or
3. The county in which the person is being held on emergency detention.
B. If a civil action for involuntary commitment can be brought in more than one county pursuant to the provisions of subsection A of this section, the action may be filed in any of such counties. No court shall refuse any case solely because the action may have been brought in another county.
C. 1. Hearings in actions for involuntary commitment may be held within the mental health facility in which the person is being detained or is to be committed whenever the judge deems it to be in the best interests of the consumer.
2. Such hearings shall be conducted by any judge designated by the presiding judge of the judicial district. Hearings may be held in an area of the facility designated by the executive director and agreed upon by the presiding judge of that judicial district.
D. The court may conduct any nonjury hearing required or authorized pursuant to the provisions of this title for detained or confined persons, at the discretion of the judge, by video teleconferencing after advising the person subject to possible detention or commitment of his or her constitutional rights. If the video teleconferencing hearing is conducted, the image of the detainee or person subject to commitment may be broadcast by secure video to the judge. A secure video system shall provide for two-way communications including image and sound between the detainee and the judge.
E. The provisions for criminal venue as provided otherwise by law shall not be applicable to proceedings encompassed by commitment statutes referred to in this title which are deemed civil in nature.
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F. Unless otherwise provided by law, the rules of civil procedure shall apply to all judicial proceedings provided for in this title, including, but not limited to, the rules concerning vacation of orders and appellate review.
§1-108. Habeas Corpus
A. Anyone in custody as a person in need of treatment or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person’s behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.
B. Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined.
C. Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct.
D. The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer.
E. The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus.
F. Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence.
§ 1-109. Privileged, Confidential Nature of Medical Records and Physician/Client Communications
A. 1. All mental health and drug or alcohol abuse treatment information, whether or not recorded, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential. In addition, the identity of all persons who have received or are receiving mental health or drug or alcohol abuse treatment services shall be considered confidential and privileged.
2. Such information shall only be available to persons actively engaged in the treatment of the consumer or in related administrative work. The information available to persons actively engaged in the treatment of the consumer or in related administrative work shall be limited to the minimum amount of information necessary for the person or agency to carry out its function.
3. Except as otherwise provided in this section, such information shall not be disclosed to anyone not involved in the treatment of the patient or related administrative work.
B. A person who is or has been a consumer of a physician, psychotherapist, mental health facility, a drug or alcohol abuse treatment facility or service, other agency for the purpose of mental health or drug or alcohol abuse care and treatment shall be entitled to personal access to his or her mental health or drug or alcohol abuse treatment information, except the following:
1. Information contained in notes recorded in any medium by a mental health professional documenting or
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analyzing the contents of conversation during a private counseling session or a group, joint or family counseling session, and that is separated from the rest of the patient’s medical record;
2. Information compiled in reasonable anticipation of or for use in a civil, criminal or administrative action or proceeding;
3. Information that is otherwise privileged or prohibited from disclosure by law;
4. Information the person in charge of the care and treatment of the patient determines to be reasonably likely to endanger the life or physical safety of the patient or another person;
5. Information created or obtained as part of research that includes treatment; provided, the patient consented to the temporary suspension of access while the research is ongoing. The patient’s right of access shall resume upon completion of the research;
6. Information requested by an inmate that a correctional institution has determined may jeopardize the health, safety, security, custody or rehabilitation of the inmate or other person; and
7. Information obtained under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information.
C. 1. A valid written release for disclosure of mental health or drug or alcohol abuse treatment information shall have, at a minimum, the following elements:
a. the specific name or general designation of the program or person permitted to make the disclosure,
b. the name or title of the individual or the name of the organization to which disclosure is to be made,
c. the name of the consumer whose records are to be released,
d. the purpose of the disclosure,
e. a description of the information to be disclosed,
f. the dated signature of the consumer or authorized representative or both when required,
g. a statement of the right of the consumer to revoke the release in writing and a description of how the consumer may do so,
h. an expiration date, event or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given, and
i. if the release is signed by a person authorized to act for a consumer, a description of the authority of such person to act.
2. A release is not valid if the document submitted has any of the following defects:
a. the expiration date has passed or the expiration event or condition is known to have occurred or to exist,
b. the release has not been filled out completely with respect to an element described in paragraph 1 of this section,
c. the release is known to have been revoked, or
d. any material information in the release is known to be false.
3. A revocation of a release as provided in this section shall be in writing and may be made at any time, except when:
a. information has already been released in reliance thereon,
b. the authorization was obtained as a condition of obtaining insurance coverage and other law provides the insurer with the right to contest a claim under the policy or the policy itself, or
c. the release was executed as part of a criminal justice referral.
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4. Disclosure regarding a deceased consumer shall require either a court order or a written release of an executor, administrator or personal representative appointed by the court, or if there is no such appointment, by the spouse of the consumer or, if none, by any responsible member of the family of the consumer. As used in this paragraph, "responsible family member" means the parent, adult child, adult sibling or other adult relative who was actively involved in providing care to or monitoring the care of the patient as verified by the physician, psychologist or other person responsible for the care and treatment of such person.
D. Except as otherwise permitted, mental health and alcohol or substance abuse treatment information may not be disclosed without valid patient authorization or a valid court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena by itself is not sufficient to authorize disclosure of mental health and alcohol or substance abuse treatment information.
E. An authorization shall not be required for the following uses and disclosures, but information disclosed pursuant to one of these exceptions must be limited to the minimum amount of information necessary:
1. Disclosure by a health care provider of mental health information necessary to carry out another providers own treatment, payment, or health care operations. Such disclosures shall be limited to mental health information and shall not include substance abuse information;
2. Communications to law enforcement officers regarding information directly related to the commission of a crime on the premises of a facility or against facility personnel, or a threat to commit such a crime. Such communications involving persons with substance abuse disorders shall be limited to the circumstances surrounding the incident, consumer status, name and address of that individual and the last-known whereabouts of that individual;
3. A review preparatory to research, research on decedents information or research conducted when a waiver of authorization has been approved by either an institutional review board or privacy board;
4. Communications pursuant to a business associate agreement, qualified service organization agreement or a qualified service organization/business associate agreement. As used in this paragraph:
a. "business associate agreement" means a written signed agreement between a health care provider and an outside entity which performs or assists in the performance of a function or activity involving the use or disclosure of individually identifiable health information on behalf of the health care provider,
b. "qualified service organization agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider’s consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider’s consumers without the need for an authorization signed by a consumer and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health
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care provider it is fully bound by the provisions of 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2, and
c. "qualified service organization/business agreement" means a written, signed agreement between a health care provider and an outside entity which provides services to the health care provider’s consumers that are different from the services provided by the health care provider, that allows the health care provider to communicate consumer information necessary for the outside entity to provide services to the health care provider’s consumers without the need for an authorization signed by a consumer, and in which the outside entity acknowledges that in receiving, storing, processing or otherwise dealing with any consumer information from the health care provider it is fully bound by the provisions 42 C.F.R., Part 2 and, if necessary, will resist any efforts in judicial proceedings to obtain access to consumer information, except as permitted by 42 C.F.R., Part 2. The agreement must also contain elements required by federal privacy regulations in 45 C.F.R., Parts 160 & 164;
5. Reporting under state law incidents of suspected child abuse or neglect to the appropriate authorities; provided, however, for disclosures involving an individual with a substance abuse disorder, this exception does not allow for follow-up communications;
6. Disclosure of consumer-identifying information to medical personnel who have a need for information about a consumer for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention;
7. Communications necessary for audit and evaluation activities;
8. When a program or facility director determines that an adult person with a substance abuse disorder has a medical condition which prevents the person from "knowing or effective action on his or her own behalf", the program or facility director may authorize disclosures for the sole purpose of obtaining payment for services. If the person has been adjudicated incompetent, the facility must seek permission to disclose information for payment from the legal guardian;
9. Reporting of such information as otherwise required by law; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
10. Communications to coroners, medical examiners and funeral directors for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law and as necessary to carry out their duties; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
11. Communications to organ procurement organizations or other entities engaged in procurement, banking, or transplantation of cadaveric organs, eyes or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
12. Disclosure to professional licensure boards investigating alleged
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unethical behavior towards a patient; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
13. Disclosure to the parent of a minor for the purpose of notifying the parent of the location of his or her child; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder;
14. Mental health records may be disclosed to parties in a judicial or administrative proceeding in cases involving a claim for personal injury or death against any practitioner of the healing arts, a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims;
15. Disclosure of consumer-identifying information when it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody and the release is to a law enforcement authority for the purpose of identification and apprehension. Such disclosures shall be limited to mental health information and shall not include substance abuse information; and
16. When failure to disclose the information presents a serious threat to the health and safety of a person or the public; provided, however, such disclosure may not identify the person directly or indirectly as a person with a substance abuse disorder.
§ 1-109.1. Designation of Family Member as Treatment Advocate – Treatment Advocate Consent Form
A. 1. Every adult having a mental illness as defined in Section 1-103 of this title who is under the care of a licensed mental health professional shall be informed by the licensed mental health professional or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate.
2. The individual designated as a treatment advocate shall act at all times in the best interests of the consumer.
3. The patient may change or revoke the designation of a treatment advocate at any time and for any reason.
4. The treatment advocate may participate in the treatment planning and discharge planning of the consumer to the extent consented to by the consumer and as permitted by law.
B. 1. The Board of Mental Health and Substance Abuse Services shall promulgate rules for all facilities certified by the Department of Mental Health and Substance Abuse Services as to the design, contents, and maintenance of a treatment advocate consent form.
2. The contents of the consent form, at a minimum, shall include a statement indicating that the treatment advocate understands that all mental health treatment information is confidential and that the treatment advocate agrees to maintain confidentiality.
C. This section shall not apply to inmates of the Oklahoma Department of Corrections.
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§ 1-110. Reimbursement of Sheriffs from Department of Mental Health and Substance Abuse Services
A. Sheriffs and peace officers shall be responsible for transporting individuals to and from designated sites or facilities for the purpose of examination, emergency detention, protective custody and inpatient services.
B. A municipal law enforcement agency shall be responsible for any individual found within such municipality’s jurisdiction. The county sheriff shall be responsible for any individual found outside of a municipality’s jurisdiction, but within the county.
C. The law enforcement agency transporting an individual to and from designated sites or facilities pursuant to the provisions of this section shall maintain responsibility for the transportation of such individual pending completion of the examination, emergency detention, protective custody and inpatient services.
D. Sheriffs and peace officers shall be entitled to reimbursement from the Department of Mental Health and Substance Abuse Services for transportation services associated with minors or adults requiring examination, emergency detention, protective custody and inpatient services.
E. Any transportation provided by a sheriff or deputy sheriff or a peace officer on behalf of any county, city, town or municipality of this state, to or from any facility for the purpose of examination, admission, interfacility transfer, medical treatment or court appearance shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act.
F. Nothing in this section shall prohibit a law enforcement agency from entering into a lawful agreement with any other law enforcement agency to fulfill the requirements established by this section.
DEPARTMENT AND BOARD OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
§ 2-101. Department of Mental Health and Substance Abuse Services
A. 1. There is hereby established in this state a Department of Mental Health and Substance Abuse Services.
2. This Department’s governing board shall be the Board of Mental Health and Substance Abuse Services, and its chief executive officer shall be the Commissioner of Mental Health and Substance Abuse Services.
3. The Department of Mental Health and Substance Abuse Services shall exercise all functions of the state in relation to the administration and operation of all state facilities for the care and treatment of the mentally ill and drug- or alcohol-dependent persons.
B. All references in the Oklahoma Statutes to the Department of Mental Health or the Board of Mental Health shall be construed to refer to the Department of Mental Health and Substance Abuse Services or the Board of Mental Health and Substance Abuse Services, respectively.
§ 2-102. Charge and Control of Institutions in Department
Unless otherwise specified by law, the Department of Mental Health and Substance Abuse Services shall have charge and control of any and all state institutions established for the care of the
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mentally ill and drug- or alcohol-dependent person.
§ 2-103. Board of Mental Health – Members – Meetings – Official Duties – Travel Expenses – Members' Service on Board of Medical Licensure and Supervision
A. The Board of Mental Health and Substance Abuse Services shall be composed of eleven (11) members, appointed by the Governor, with the advice and consent of the Senate, and unless otherwise indicated, a board member term is for seven (7) years unless reappointed. Board members shall meet the following criteria:
1. One member, who shall be a physician licensed to practice in this state, and one member, who shall be a psychiatrist certified as a diplomate of the American Board of Psychiatry and Neurology, shall both be appointed from a list containing the names of not less than three physicians and not less than three psychiatrists submitted to the Governor by the Oklahoma State Medical Association;
2. One member, who shall be an attorney licensed to practice in this state and shall be appointed from a list of not less than three names submitted to the Governor by the Board of Governors of the Oklahoma Bar Association;
3. One member, who shall be a psychologist, licensed to practice in this state, who shall be appointed from a list of not less than three names submitted to the Governor by the Oklahoma State Psychological Association;
4. Three members, qualified by education and experience in the area of substance abuse recovery, who shall be appointed from a list of not less than ten names submitted to the Governor by a state association of substance abuse recovery programs or organizations; and
5. Four members who shall be citizens of this state, at least one of whom shall be either a current or former consumer of mental health services.
B. No person shall be appointed a member of the Board who has been a member of the Legislature of this state within the preceding five (5) years.
C. The Board shall elect from among its members a chair and a vice-chair. The chair may call meetings at any time.
D. All regularly scheduled meetings of the Board shall be held at the Central Office of the Department of Mental Health and Substance Abuse Services, Oklahoma City, Oklahoma, unless otherwise scheduled. Six members shall constitute a quorum at any meeting, and all action may be taken by an affirmative vote of the majority of the members present at any such meeting.
E. The action taken by the Board on any matter, or any document passed by the Board, shall be considered official when such action is placed in writing and signed by the chair or vice-chair.
F. The duties of the Board shall pertain to the care, treatment, and hospitalization of persons with mental illness, or alcohol- or drug-dependent persons.
G. Members of the Board of Mental Health and Substance Abuse Services shall be allowed their necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act.
H. Members of the Board of Mental Health and Substance Abuse Services shall be allowed to serve on the State Board of Medical Licensure and Supervision during members’ terms on the Board of Mental Health and Substance Abuse Services.
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§ 2-104. Surplus Equipment – Purchasing Agent – Authorization to Spend Funds on Recreational Facilities
A. The Department of Mental Health and Substance Abuse Services may declare equipment which is surplus to the needs of the Department to the Department of Central Services. The Department of Central Services shall dispose of the surpluses as provided by law.
B. The Department of Central Services shall be the purchasing agency for all facilities for which appropriations are made in the Mental Health Law, but shall not have authority to determine the propriety of purchases of institutions over which the Department of Central Services is not the controlling entity.
C. The Department is authorized to spend funds for the development of recreational facilities on state-owned land outside the facility grounds.
§ 2-105. Board as Mental Health and Substance Abuse Services as Mental Health and Substance Abuse Services Authority
On and after July 1, 1967, the Board of Mental Health and Substance Abuse Services shall be the Mental Health and Substance Abuse Services Authority of the State of Oklahoma.
§ 2-106. Donations, Grants, Devises, and Bequests – Investment of Funds – Lease or Sale of Property – Annual Account to State Auditor and Inspector
A. 1. The Board of Mental Health and Substance Abuse Services, the Commissioner of Mental Health and Substance Abuse Services or any employee of the Department of Mental Health and Substance Abuse Services designated by the Commissioner may solicit and receive contributions, gifts and donations for use by the Department of Mental Health and Substance Abuse Services, or to any institution therein. The Board of Mental Health and Substance Abuse Services shall accept, hold in trust and authorize the use of any grant or devise of land, or any donation or bequest of money, or other personal property made to the Department of Mental Health and Substance Abuse Services, or to any institution therein, so long as the terms of the grant, donation, bequest, gift, or will are carried out.
2. The Board may invest and reinvest any funds and may lease any real or personal property, may sell any personal property and may invest the proceeds, for the benefit of the Department or any institution therein unless prevented by the terms of the grant, donation, bequest, gift or will.
B. The Board may lease any property owned or held in trust to any other state agency, political subdivision, federal agency, county, municipality or a nonprofit organization for a period not to exceed fifty (50) years.
C. The Department must annually account to the State Auditor and Inspector for all monies or property received or expended by virtue of this section. The account shall state:
1. The source of the monies or property received with the actual date of its receipt;
2. The particular use or place for which it was expended; and
3. The balance on hand showing the place of deposit of the unexpended balance.
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§ 2-107. Approval of Easements, Leases, etc. – Deposit of Monies
A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Capital Outlay Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of income as provided in this section and any monies transferred by the Department into the fund.
2. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purposes described in this section and for improvements to real property owned by the Department or held in the Department’s trust as authorized by Section 2-111 of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
B. On and after July 1, 1988, no easement, right-of-way, oil and gas lease or surface lease on any land used or occupied by any institution, under the jurisdiction of the Board of Mental Health and Substance Abuse Services, shall be granted or conveyed without the approval of the Board. All monies hereafter received or derived from such easements, rights-of-way and leases, including, but not limited to, rentals and royalties for leases and from sale of equipment, shall be deposited in the Capital Outlay Fund of the Department of Mental Health and Substance Abuse Services and used by the Board for capital improvement at any Department of Mental Health and Substance Abuse Services facility and for improvements to real property owned by the Department or held in the Department’s trust as authorized by Section 2-111 of this title, except as otherwise provided by the Legislature.
§ 2-108. Investigation into Care and Treatment of the Mentally Ill – Resolution of Complaints – Confidentiality of Records
A. When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract with the Department has been wrongfully deprived of liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for the individual’s appropriate medical care, proper supervision and safe keeping, the Department may ascertain the facts or may require an investigation of the facts.
B. The Board shall establish and maintain a fair, simple and expeditious system for resolution of complaints of all individuals receiving such services.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials, and reports related to investigations by the Department into allegations of consumer abuse, neglect, or mistreatment shall be confidential and contain privileged information. Accordingly, such records, materials, and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid.
1. An order of the court authorizing the inspection, release, or disclosure of information, records, materials, and reports related to investigations by the Department shall be entered by a court
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only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived, and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
2. This section shall not be construed to prohibit the Department from summarizing the allegation or allegations made, facts and evidence gathered, and any findings of an investigation pursuant to this section. The summary may be provided to the following individuals and entities, provided the individuals or entities agree to protect the summary from disclosure:
a. the person suspected of abuse, neglect or improper treatment,
b. the person subject to the alleged abuse, neglect or improper treatment,
c. the person who reported the allegation,
d. the state and federal oversight, licensing or accrediting agency,
e. the administrator of a facility certified by or under contract with the Department at which the alleged abuse, neglect or improper treatment occurred,
f. any persons necessary to implement appropriate personnel action against the person suspected of abuse, neglect or mistreatment if evidence is found to support the allegation, and
g. the appropriate law enforcement agency, district attorney’s office or any other entities as required by state and federal law.
§ 2-109. Office of Consumer Advocacy – Duties of Advocate General – Confidentiality – Disclosure
A. The Department of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may be necessary to carry out the purposes of this section.
The Office of Consumer Advocacy shall have access to facilities operated by, subject to certification by or under contract with the Department and the records of such facilities, including but not limited to, records of individuals receiving services. Records that are confidential under state and federal law shall be maintained as confidential and not be redisclosed.
B. The Advocate General and the staff of the Office of Consumer Advocacy shall not act as attorneys on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, except that they shall have the authority to file habeas corpus actions on behalf of such individuals and appear on their behalf in civil commitment and criminal post-commitment proceedings, and also appear on behalf of Department consumers in proceedings for writs of mandamus.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Office of Consumer Advocacy are confidential and contain privileged information. Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to
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compel disclosure of such information be valid.
An order of the court authorizing the inspection, release or disclosure of information, records, materials and reports related to investigations by the Office of Consumer Advocacy shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
§ 2-110. Citizen Advisory Group
A. The Commissioner of Mental Health and Substance Abuse Services may appoint such citizen advisory groups as are deemed necessary for effective planning and delivery of services. Membership, terms and other details related to the functioning of such groups shall be established by the Commissioner and may be revised or rescinded at any time.
B. Members shall be eligible for reimbursement for their travel expenses in accordance with the provisions of the State Travel Reimbursement Act.
§ 2-111. Creation of Real Property Trust
A. 1. The Board of Mental Health and Substance Abuse Services is hereby authorized and directed to create a trust into which all real property held by or for the benefit of the Department of Mental Health and Substance Abuse Services shall be transferred.
2. The trust shall provide that:
a. the property placed into the trust may never be sold but shall be held in perpetuity for the sole benefit of the Department, and
b. the property held by the trust which is not needed for use by the Department may be leased or rented to others and all income received from such leases or rentals shall be payable to the Department for use by the Department to fulfill the purposes of the Department.
B. Upon the creation of the trust authorized in subsection A of this section, the Department of Central Services is directed to provide all necessary assistance to the Department of Mental Health and Substance Abuse Services to identify and transfer all property held by or for the benefit of the Department of Mental Health and Substance Abuse Services to the trust. Except as provided in subsection C of this section, the Department of Central Services is authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing property placed in such trust.
C. The Commissioners of the Land Office are authorized and directed to provide all requested assistance to the Department of Mental Health and Substance Abuse Services in leasing mineral interests placed in such trust.
§§ 2-150 to 2-152. Repealed
COMMISSIONER, EXECUTIVE DIRECTORS, OFFICERS, EMPLOYEES, COUNSEL
§ 2-201. Qualifications and Salary of Commissioner of Mental Health and Substance Abuse Services
A. A Commissioner of Mental Health and Substance Abuse Services shall be appointed by the Board of Mental Health and Substance Abuse
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Services. The Commissioner may only be removed by the Board for cause. The Commissioner shall meet at least one of the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state;
3. Possession of a Doctor of Public Health Degree;
4. Possession of a Doctoral Degree in Psychology and a license to practice psychology in this state;
5. Possession of a Master of Public Health Degree and a minimum of five (5) years of supervisory experience in the administration of health services; or
6. Possession of a Master of Arts or Master's Degree in Business Administration, Social Science or a related field and a minimum of five (5) years of supervisory experience in the administration of health services.
B. The salary of the Commissioner shall be fixed by the Board.
§ 2-202. Repealed
§ 2-202.1. Powers and Duties Commissioner of Mental Health and Substance Abuse Services
A. The Commissioner of Mental Health and Substance Abuse Services shall have charge of the administration of the Department of Mental Health and Substance Abuse Services as directed by the Board of Mental Health and Substance Abuse Services and shall be charged with the duty of carrying out the provisions of the Mental Health Law. The duties of the Commissioner shall include, but not be limited to, the following:
1. Supervising the activities of the Department;
2. Prescribing rules and regulations, as approved by the Board of Mental Health and Substance Abuse Services, for the efficient, uniform, and professional operation of the Department, consistent with the mission of the Department, including the official forms used or described in this title;
3. Prescribing policies and procedures for the operation of the Department;
4. Employing necessary personnel to perform the duties of the Department, prescribing titles and duties, and fixing compensation, including the employment of attorneys to provide legal assistance to the Department;
5. Accepting, using, disbursing, and administering grants, allotments, gifts, devises, bequests, appropriations, and other monies and property offered or given to the Department, or any component or agency thereof, by an agency of the federal government or any corporation or individual for the use of the Department;
6. Making contracts and agreements with other departments of this state to carry out the provisions of this section;
7. Acting as the official agency of this state in all matters relating to mental health or substance abuse which require or authorize cooperation of this state with the federal government or any agency thereof; coordinating the activities of the Department with those of the federal government or any department or agency thereof, and with other states, on matters pertaining to mental health and substance abuse, and entering into agreements for such purpose;
8. Aiding, assisting, and cooperating with other state agencies, government
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entities, institutions of higher learning, public schools, and others interested in public education regarding the issues of mental health and substance abuse in the establishment of sound mental health and substance abuse programs in this state; and
9. Designating the type of consumer that will be cared for at each facility and designating hospital or community mental health center districts for the purpose of determining to which facilities within the Department or community mental health centers persons committed from each county shall initially be sent. These designations may be changed from time to time.
B. The Commissioner or designee may delay inpatient admissions when such admissions would cause facilities to exceed their authorized capacity.
C. Consumers may be transferred from one facility to another within the Department on the authority of the Commissioner as provided for in the Mental Health Law.
D. The Commissioner shall have any other power necessary to implement the provisions of the Mental Health Law.
§ 2-203. Classifications of Employee Positions
The Commissioner of Mental Health and Substance Abuse Services shall classify as a part of the Merit System of Personnel Administration all positions for which there are established Merit System Classifications, except those positions unique to hospital and clinic functions, those positions held by employees of the Department of Mental Health and Substance Abuse Services who perform behavioral health services, those positions in facilities that were formerly privately operated but are now under the operational and management control of the Department, or those associated administrative and support employees whose salaries are paid from contractual agreements with managed care companies, health maintenance organizations, preferred provider organizations, hospital or health care networks, insurance plans, private business or other government agencies; provided, the employment of personnel whose salaries are paid from such contractual agreements shall be limited to the duration of the contracts or renewals thereof under which such personnel are employed. Provided further, no employee shall have the salary of that employee decreased as a result of the classification action herein directed.
§ 2-204. Repealed
§ 2-205. Internal Audit Program
The Department of Mental Health and Substance Abuse Services is hereby directed to employ one or more internal auditors to establish and perform an effective and comprehensive internal audit program. Such program shall include, but not be limited to, reviews of accounting procedures, internal control, financial management and compliance with laws, regulations, policies and executive and legislative directives for the Department's administrative offices, institutions, community mental health centers and contractors. Internal audit final reports shall be made available to the Governor, the State Auditor and Inspector, the Legislative Service Bureau, the Board of Mental Health and Substance Abuse Services and the Commissioner of Mental Health and Substance Abuse Services.
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§ 2-206. Legal services
The Department of Mental Health and Substance Abuse Services may provide for legal services, and the Commissioner may employ or contract with attorneys as needed and determine their salaries; provided, however, that the attorneys may appear for and represent the Commissioner, the Board of Mental Health and Substance Abuse Services, administrative supervisors of facilities and Department personnel in administrative hearings and other legal actions and proceedings. Provided, further, that the Attorney General shall continue to give his opinion to the Department and to prosecute and defend action therefor, if requested to do so.
§ 2-207. Authority of Commissioner to Employ Personnel and Counsel
The Commissioner of Mental Health and Substance Abuse Services may employ persons to assist in collecting the amount due the state for the care and treatment of consumers, and may employ counsel to institute such actions or proceedings as the Commissioner may deem proper to enforce the claim of the state for the care and treatment of a consumer against the consumer.
§§ 2-208 to 2-212. Repealed
§ 2-213. Chaplain
Each institution within the Department may have a chaplain. The duties of the chaplain shall be established by the Commissioner.
§ 2-214. Training Schools or Facilities for Personnel
The Commissioner of Mental Health and Substance Abuse Services is authorized to establish training schools within the Department or within any of the institutions operated by the Department, for the training of necessary personnel for the institutions, or may arrange for the training of employees or prospective employees in any public or private school or institution within this state or elsewhere having available facilities for that purpose. Funds of the Department and/or institutions under its control may be used to pay salaries to employees, or to pay tuition and subsistence for employees or prospective employees, while receiving such training. Any employee or prospective employee who is paid a salary, or for whom tuition and subsistence are furnished, while receiving such training, shall be required to enter into a contract prior to receiving such training, that unless he continues in the employ of the Department for at least a period equivalent to the training, he will reimburse to the Department the sum paid to or for him by the Department during the period of his training.
§§ 2-215 to 2-217. Repealed
§ 2-218. Misuse or Misappropriation of Funds a Misdemeanor – Punishment
Any officer or employee within the Department who shall misuse or misappropriate any funds or other property of a canteen established at an institution within the Department shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or confined in the county jail for not more than one (1) year, or both such fine and imprisonment.
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§ 2-219. Abuse to Consumers a Felony – Punishment
Any officer or employee of a facility who maliciously assaults, beats, batters, abuses, or uses mechanical restraints, or willfully aids, abets, advises or permits any consumer confined therein to be maliciously assaulted, beaten, battered, abused, or mechanically restrained shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than five (5) years, or a fine not exceeding Five Hundred Dollars ($500.00), or both fine and imprisonment.
§ 2-220. Failure of Superintendent to Report Abuse to County Officers a Misdemeanor
An executive director of a facility who fails to report to the district attorney of the county in which the facility is located any officer or employee who shall willfully or maliciously assault, beat, batter, abuse or use mechanical restraints without authority or who aids, abets, advises or permits any consumer confined in the facility to be subjected to such conduct shall be guilty of a misdemeanor.
§ 2-221. Services of Other State Agencies – Contracts with Employees of Other State Agencies
A. The Department of Mental Health and Substance Abuse Services may utilize the services of other state agencies, boards and commissions pursuant to the State Personnel Interchange Program, Section 840.26 et seq. of Title 74 of the Oklahoma Statutes.
B. The Department may employ and may enter into contracts with employees of other state agencies, boards and commissions, provided:
1. The work hours of employment would not be contemporaneous; and
2. No conflict of interest would result.
§§ 2-222 and 2-223. Repealed
§ 2-224. Authority to Collect Information
A. The Department of Mental Health and Substance Abuse Services shall have the authority to collect information sufficient to meet the administration’s needs related to oversight, management, evaluation, performance improvement and auditing of mental health, and substance abuse services and combating and preventing mental illness and substance abuse.
B. The individual forms, computer tapes and other forms of data collected by and furnished to the Department shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act.
Except as otherwise provided by state and federal confidentiality laws, identifying information shall not be disclosed and shall not be used for any public purpose other than the creation and maintenance of anonymous datasets for statistical reporting and data analysis.
OFFICES, RECORDS, FUNDS, INSURANCE, PURCHASING
§ 2-301. Office, Records and Files
The principal office of the Department, with all records and files of same, shall be maintained in Oklahoma City, Oklahoma and shall be designated the central office. Names of all personnel employed in each institution in the Department; all essential and
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important data; statistical information and correspondence relative to the Department and its institutions shall be filed in the office of the Commissioner and by his supervision.
§ 2-302. Petty Cash Fund at Central Office
There is hereby created a petty cash fund at the Central Office. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 2-303. Department of Mental Health and Substance Abuse Services Revolving Fund
A. 1. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Department of Mental Health and Substance Abuse Services Revolving Fund".
2. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies received by each facility and office of the Department as:
a. reimbursements from persons and agencies for the care of consumers,
b. reimbursements from other state agencies and entities of government,
c. all reimbursements received by the Department from the United States government or pursuant to proceedings in district court to enforce claims for the cost of care and treatment of consumers,
d. earnings and proceeds in the conduct and management of the dairy, farm, truck, garden, livestock and any industries of such facilities,
e. receipts from sale of excess byproducts, excess property and salvage items,
f. certification fees,
g. gifts, donations and bequests, and
h. receipts from other ancillary services, not otherwise provided by law.
B. 1. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the general operating expenses of facilities and offices of the Department of Mental Health and Substance Abuse Services.
2. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-304. Malpractice Insurance for Certain Employees
The Department of Mental Health and Substance Abuse Services may purchase, with public funds, insurance to protect against malpractice and other liability on the part of professional staff and other employees, administrators and members of the Board of Mental Health and Substance Abuse Services. This section shall not be construed to make the state, the Board, or any division of the Department of Mental Health and Substance Abuse Services liable for damages from any cause.
§ 2-305. Authorization to Purchase
Facilities within the Department of Mental Health and Substance Abuse Services are hereby authorized to purchase ambulances, handicapped-equipped transportation vehicles, buses
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and fire fighting equipment, including fire trucks, from funds available for the operating expenses of the institutions.
§ 2-306. State Board of Public Affairs Purchasing Agent
A. The Department of Central Services shall be the purchasing agent for each institution in the Department of Mental Health and Substance Abuse Services, but in other matters has no governing power or control of the institutions. In other matters, the Department of Mental Health and Substance Abuse Services has sole and exclusive control of institutions of the Department when such institutions deal with the care and treatment of mentally ill persons.
B. The Department of Central Services shall provide all necessary assistance to the Department of Mental Health and Substance Abuse Services in transferring property to a trust created pursuant to Section 1 of this act.
§ 2-307. Trust for Benefit of Any Insane Person or Persons
Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money, and the proceeds paid over to the state, or the Treasurer thereof, in trust for any insane person, and any will bequeathing or deed conveying any money to this state or the people thereof, in trust for any insane person or poor person, is hereby declared to be legal and valid, as to such trust, and the trust so reposed and declared shall be accepted subject to the conditions, restrictions and limitations contained in this act. No trust shall be accepted under this act unless the monies so bequeathed, or the proceeds of sale of real or personal estate so devised, bequeathed or conveyed shall amount to at least One Hundred Dollars ($100.00).
§§ 2-308 and 2-309. Repealed
§ 2-310. Creation of Intra-agency Reimbursement Revolving Fund
There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the "Intra-agency Reimbursement Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations. Revenues to the fund shall consist only of intra-agency payments from the allocation of operating costs among budgeted activities. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for operating expenses of the Department of Mental Health and Substance Abuse Services. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-311. Community-based Substance Abuse Revolving Fund
There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Substance Abuse Services to be designated the Community-based Substance Abuse Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department of Mental Health and Substance Abuse Services from low-point beer permits pursuant to Section
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163.7 of Title 37 of the Oklahoma Statutes, enrollment fees for alcohol and drug substance abuse courses pursuant to the provisions of Section 3-453 of this title, and fees from certification of assessment agencies and assessment personnel pursuant to the provisions of Section 3-460 of this title. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department of Mental Health and Substance Abuse Services for the purpose of providing training and administrative services pursuant to the provisions of Sections 3-453 and 3-460 of this title, contracting with private facilities, organizations and tribal programs to provide treatment, counseling, rehabilitation, and other related services directed toward alcohol- and drug-dependent persons, and contracting with statewide substance abuse organizations to provide training and to establish and maintain a collaborative network of providers to maintain and improve the continuum of care between agencies that provide substance abuse prevention, treatment, and advocacy programs using best practices and innovative programs that focus on substance abuse services and co-occurring disorders. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
§ 2-400. Repealed
DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES INSTITUTIONS
§ 3-101. Institutions Maintained for Residents
The facilities within the Department of Mental Health and Substance Abuse Services, which may be maintained for residents of the state, are:
1. Griffin Memorial Hospital, Norman;
2. Oklahoma Forensic Center, Vinita;
3. Children’s Recovery Center of Oklahoma, Norman;
4. Tulsa Center for Behavioral Health, Tulsa;
5. Carl Albert Community Mental Health Center, McAlester;
6. Jim Taliaferro Community Mental Health Center, Lawton;
7. Central Oklahoma Community Mental Health Center, Norman;
8. Bill Willis Community Mental Health and Substance Abuse Services Center, Tahlequah;
9. Northwest Center for Behavioral Health, Woodward;
10. Oklahoma County Crisis Intervention Center, Oklahoma City;
11. Norman Alcohol and Drug Treatment Center, Norman; and
12. Rose Rock Recovery Center, Vinita.
§§ 3-101.1 to 3-101.6. Repealed
§ 3-102. The Carl Albert Community Mental Health Center – Jim Taliaferro Community Mental Health Center
A. The Carl Albert Community Mental Health and Substance Abuse Services Center, McAlester, Oklahoma, and the Jim Taliaferro Community Mental Health and Substance Abuse Services Center, Lawton, Oklahoma, are hereby designated as institutions within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the
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Department of Mental Health and Substance Abuse Services.
B. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property; records; equipment; supplies and funds to include, if appropriate, revolving funds; and encumbrances from Griffin Memorial Hospital to the appropriate institution designated in subsection A above.
C. There is hereby created a petty cash fund at the Carl Albert Community Mental Health and Substance Abuse Services Center and at the Jim Taliaferro Community Mental Health and Substance Abuse Services Center. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 3-103. Central Oklahoma Community Mental Health and Substance Abuse Services Center
A. The Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma, is hereby designated a facility within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.
B. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, records, equipment, supplies and funds to include, if appropriate, revolving funds, and encumbrances from Griffin Memorial Hospital to the facility designated in subsection A above.
C. There is hereby created a petty cash fund at the Central Oklahoma Community Mental Health and Substance Abuse Services Center, Norman, Oklahoma. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of the petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.
§ 3-104. Repealed
§ 3-105. Children's Recovery Center of Oklahoma, Norman, Oklahoma
A. The Children’s Recovery Center of Oklahoma, Norman, Oklahoma, is hereby created and designated a facility within the Department and shall be operated under the supervision of the Department. The Children’s Recovery Center of Oklahoma shall consist of:
1. The Adolescent Unit, a building constructed pursuant to the provisions of Section 10, Chapter 341, O.S.L. 1981, Section 20, Chapter 374, O.S.L. 1982, Section 32, Chapter 326, O.S.L. 1983 and Section 114, Chapter 296, O.S.L. 1984; and
2. The Leland Wolf Unit, formerly known and designated as the Leland Wolf Rehabilitation Center of Central State Griffin Memorial Hospital.
B. There is hereby created a petty cash fund for the Children’s Recovery Center of Oklahoma. The Director of State Finance and Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of this petty cash fund and the Director of State Finance shall prescribe the rules and procedures for
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the administration of this petty cash fund.
§ 3-106. Authority to Establish Community Mental Health Services
A. The Commissioner of Mental Health and Substance Abuse Services is hereby authorized to establish a community mental health service area to include the counties of Cherokee, Adair, Sequoyah, Wagoner, and any other counties deemed appropriate by the Commissioner of Mental Health and Substance Abuse Services.
B. There is hereby created within the Department of Mental Health and Substance Abuse Services a designated community mental health facility to serve the service area provided for in subsection A of this section that shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services. Said facility shall be named the Bill Willis Community Mental Health and Substance Abuse Services Center and shall be located at Tahlequah.
C. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, personnel, records, equipment, supplies, and funds to include, if appropriate, revolving funds and encumbrances from other facilities of the Department of Mental Health and Substance Abuse Services, to the Bill Willis Community Mental Health and Substance Abuse Services Center.
D. There is hereby created a petty cash fund for the Bill Willis Community Mental Health and Substance Abuse Services Center. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of these petty cash funds and the Director of State Finance shall prescribe the rules and procedures for the administration of these petty cash funds.
§ 3-107. Drug and Alcohol Treatment Centers – Petty Cash Funds – Authority to Transfer Property, Records, Supplies, Funds, etc.
A. There are hereby created and designated as facilities within the Department of Mental Health and Substance Abuse Services, the Norman Alcohol and Drug Treatment Center at Norman and the Rose Rock Recovery Center at Vinita. The facilities shall be operated under the supervision and administration of the Commissioner of Mental Health and Substance Abuse Services. It is the intent of the Legislature that the centers in Norman and Vinita utilize and receive business management, support services and medical ancillary services of the respective state facility where the center is located.
B. There are hereby created separate petty cash funds for the Alcohol and Drug Treatment Centers at Norman and Vinita. The Director of State Finance and the Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of each petty cash fund. The Director of State Finance shall prescribe the rules and procedures for the administration of each petty cash fund.
C. The Department of Mental Health and Substance Abuse Services is authorized to effect the transfer of property, records, equipment, supplies, funds, and encumbrances from Griffin Memorial Hospital to or from the Norman Alcohol and Drug Treatment Center; and to effect the transfer of
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property, records, equipment, supplies, funds, and encumbrances from the Oklahoma Forensic Center to or from the Rose Rock Recovery Center.
§ 3-107a. Creation of Western State Psychiatric Center at Fort Supply
A. The Northwest Center for Behavioral Health at Fort Supply, Oklahoma, is hereby created and designated a facility within the Department of Mental Health and Substance Abuse Services. The facility shall be operated under the supervision of the Department and shall consist of those entities formerly known as:
1. Western State Hospital, Fort Supply;
2. Northwest Oklahoma Community Mental Health and Substance Abuse Services Center;
3. Fort Supply Alcohol and Drug Treatment Center at Fort Supply; and
4. Western State Psychiatric Center, Fort Supply.
B. Northwest Center for Behavioral Health shall serve as a regional inpatient mental health and substance abuse services center serving counties deemed appropriate by the Commissioner of Mental Health and Substance Abuse Services. Northwest Center for Behavioral Health shall also provide outpatient mental health and substance abuse services to Alfalfa, Beaver, Cimarron, Ellis, Harper, Major, Texas, Woods and Woodward Counties, and any other counties deemed appropriate by the Commissioner.
C. The Department is authorized to effect the transfer of property, records, equipment, supplies and funds, and encumbrances from Western State Hospital, Northwest Oklahoma Community Mental Health and Substance Abuse Services Center, and Fort Supply Alcohol and Drug Treatment Center to the Northwest Center for Behavioral Health.
§ 3-107b. Tulsa Center for Behavioral Health
A. The “Tulsa Center for Behavioral Health” is hereby created and designated as a facility within the Department of Mental Health and Substance Abuse Services and shall be operated under the supervision of the Department of Mental Health and Substance Abuse Services.
B. There is hereby created a petty cash fund for the Tulsa Center for Behavioral Health. The Director of State Finance and Commissioner of Mental Health and Substance Abuse Services are authorized to fix the maximum amount of this petty cash fund and the Director of State Finance shall prescribe the rules and procedures for the administration of the petty cash fund.
§ 3-108. Treatment and Rehabilitation of Minor Drug Addicts
The Commissioner of Mental Health and Substance Abuse Services is hereby authorized and directed to establish an appropriate room or ward for alcohol and other drug treatment services for adolescents, with special emphasis on the rehabilitation of a consumer during treatment, and to provide an adequate program for reestablishment into society upon release.
§ 3-109. Canteens
There may be established and maintained at each of the facilities within the Department of Mental Health and Substance Abuse Services a canteen. Any profits from the canteen of a facility shall be used for the benefit of the consumers of the facility.
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§ 3-110. Repealed
§ 3-111. Land, Buildings, and Equipment – Cooperative Agreements to Provide Certain Services – Records
A. The provisions of this section shall not become effective until funding to implement this section is authorized by the Legislature.
B. Except as provided in subsection C of this section, the land, and all buildings and equipment attached thereto, at Northwest Center for Behavioral Health at Fort Supply, Oklahoma, shall be transferred from the Department of Mental Health and Substance Abuse Services to the Department of Corrections. The transfer shall be of surface rights only and all interest in mineral rights shall be retained by the Department of Mental Health and Substance Abuse Services. The transferred land shall be used for a correctional institution to incarcerate prisoners of minimum security classification.
C. The Department of Mental Health and Substance Abuse Services shall retain the following land, all buildings and equipment attached thereto, which shall comprise Northwest Center for Behavioral Health:
Beginning at a point 732 ft. North and 33.0 ft. East of the 1/4 section corner common to Sections 8 and 9, T-24-N, R-22-W, thence N89 37 26E, 3877.0 ft., thence S02 07 26W, 318.0 ft., thence N75 55 34W, 115 ft., thence S42 17 05W, 85.0 ft., thence S13 46 36W, 228.0 ft., thence N76 13 24W, 122.0 ft., thence S14 06 36W, 230.0 ft., thence N75 53 24W, 163.0 ft., thence S13 56 36W, 185.0 ft., thence N76 03 24W, 220.0 ft., thence S84 31 16W, 378.0 ft., thence S22 09 00W, 347.0 ft., to the North R/W line of S.H.3, thence N67 51 00W along said R/W line 2601.99 ft. to the P.C. of a curve, thence 142.19 ft. along a curve to the left having a radius of 1959.86 ft., said point being on the East R/W line of the N and S section line, thence N00 16 54W along said R/W line 157.16 ft. to the point of beginning. Said described tract contains 61.70 acres more or less.
D. The Department of Corrections and the Department of Mental Health and Substance Abuse Services shall enter into cooperative agreements to provide the following services:
1. Security personnel;
2. Utilities;
3. Water;
4. Sewage;
5. Maintenance of grounds;
6. Electrical maintenance and repair;
7. Carpentry;
8. Printing;
9. Caustic storage;
10. Warehouse facilities;
11. Food service;
12. Laundry service;
13. Sewing;
14. Dental services;
15. Switchboard services;
16. Use of motor pool;
17. Cost and statistics;
18. Supplies, other than pharmaceuticals and laboratory supplies;
19. Inpatient infirmary services;
20. Pharmacy;
21. Professional services for treatment alternatives for drinking drivers; and
22. Professional services for the Youthful Offender Program.
E. The Department of Mental Health and Substance Abuse Services and the Department of Corrections jointly shall provide fire fighting services for Northwest Center for Behavioral Health, the correctional institution at Fort
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Supply, Oklahoma, and the surrounding community.
F. All official records pertaining to the operation of Northwest Center for Behavioral Health shall be retained by the Department of Mental Health and Substance Abuse Services. All inventory not needed for the operation of Northwest Center for Behavioral Health shall be transferred to the Department of Corrections.
§ 3-112. Permission for Department to Become Members of Public or Private Behavioral Health Consortiums
The Department of Mental Health and Substance Abuse Services and its operating facilities may become members of public or private behavioral health consortiums, health maintenance organizations, preferred provider organizations, and hospital or other health care networks to provide behavioral health services. The Department and its operating facilities may pay dues or fees assessed for such membership and are hereby authorized to enter into contracts with such entities for the purpose of providing mental health or substance abuse services.
§§ 3-113 and 3-113.1. Repealed
§ 3-113.1. Task Force on Behavioral Health
A. There is hereby re-created until July 1, 2004, the Task Force on Behavioral Health.
B. The Task Force shall be composed of twenty-four (24) members as follows:
1. The Director of the Department of Human Services, or a designee;
2. The Director of the Department of Corrections, or a designee;
3. The Commissioner of the Department of Mental Health and Substance Abuse Services, or a designee;
4. The State Commissioner of Health, or a designee;
5. The Executive Director of the Office of Juvenile Affairs, or a designee;
6. The Administrator of the Oklahoma Health Care Authority, or a designee;
7. The State Superintendent of Public Instruction, or a designee;
8. A medical doctor certified as an addiction specialist, appointed by the Speaker of the House of Representatives;
9. A licensed behavioral health provider, appointed by the President Pro Tempore of the Senate;
10. Three persons appointed by the Governor, representing the following groups:
a. a family member of a child consumer of behavioral health services,
b. a not-for-profit youth and family services provider, and
c. a consumer of domestic violence services;
11. Three persons appointed by the President Pro Tempore of the Senate, representing the following groups:
a. a for-profit behavioral health provider,
b. a not-for-profit substance abuse treatment provider, and
c. a consumer of mental health services;
12. Three persons appointed by the Speaker of the House of Representatives, representing the following groups:
a. a not-for-profit community mental health provider,
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c. a consumer of substance abuse services;
13. Three members of the Oklahoma House of Representatives appointed by the Speaker of the House of Representatives; and
14. Three members of the Oklahoma State Senate appointed by the President Pro Tempore of the Senate.
C. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each name a cochair of the Task Force from among the legislative members appointed to the Task Force. The members of the Task Force shall elect any other officers during the first meeting and upon a vacancy in any office. The Task Force shall meet as often as necessary. Task Force members employed by the state shall be reimbursed travel expenses related to their service on the Task Force by their respective agencies pursuant to the provisions of the State Travel Reimbursement Act. Legislative members of the Task Force shall be reimbursed for their necessary travel expenses incurred in the performance of their duties in accordance with Section 456 of Title 74 of the Oklahoma Statutes. Remaining Task Force members shall be reimbursed travel expenses related to their service on the Task Force by their appointing authorities pursuant to the provisions of the State Travel Reimbursement Act.
D. Administrative support for the Task Force, including, but not limited to, personnel necessary to ensure the proper performance of the duties and responsibilities of the Task Force, shall be provided by the staff of the House of Representatives and the Senate. All participating state agencies may provide for any administrative support through interagency agreements with other state agencies represented on the Task Force, pursuant to the provisions of the Interlocal Cooperation Act.
E. The Task Force shall:
1. Make recommendations regarding the cooperative and coordinated delivery of behavioral health services by state agencies responsible for providing such services. In making such recommendations, the Task Force shall conduct a review which includes, but is not limited to:
a. identification of all services currently offered and persons actually served,
b. identification of barriers to services,
c. assessment of the quality of services offered and recommendations to improve the quality of services offered,
d. the extent of duplication of effort between state agencies and recommendations for integration and appropriate streamlining of service delivery,
e. assessment of oversight of providers of behavioral health services to determine whether the type of oversight is appropriate to the services offered and is adequate to ensure quality, and whether oversight services are duplicated by more than one agency,
f. assessment of performance outcomes, and recommendations for improvement of performance outcomes,
g. cost analysis of provided services,
h. analysis of how to fund adequate services while ensuring quality,
i. identification of the nature and requirements of available grants and the ability of state agencies and their contractors to obtain available grants,
j. identification of any other problem area related to delivery of behavioral health services,
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k. recommendations for development of a behavioral health system of care for children,
l. recommendations for an integrated and comprehensive behavioral health system of care for adults needing substance abuse treatment or other behavioral health services,
m. review of professional qualifications of providers of behavioral health services, and
n. examination of the privatization of services provided to the population served by state agencies and recommendations regarding privatization of services; and
2. Submit any legislative proposals necessary to implement the findings of the Task Force on or before December 1 of each year.
F. The Task Force shall submit an annual report to each agency affected by the report, the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the appropriate committees of the State Senate and the House of Representatives.
§ 3-201. Statewide System of Precare and Aftercare Services
The Commissioner may establish a statewide system of precare and aftercare services, to include receiving hospital services and halfway houses, in relation to the admission and discharge of patients from state mental hospitals. Physical facilities for these services may be leased, purchased, or constructed by the State of Oklahoma or donated to the Department of Mental Health and Substance Abuse Services. Contracts for such services may be negotiated with professional persons, privately owned facilities, or publicly operated facilities. These services may be operated separately or in connection with existing state mental hospitals. These services shall be used for the care and treatment of the mentally ill, especially for those whose condition makes it likely that hospitalization will be necessary and for those patients discharged from state mental hospitals who require periodic outpatient supervision and treatment. Such services shall operate in accordance with the regulations established by the Commissioner.
§ 3-250. Repealed
UNIFIED COMMUNITY MENTAL HEALTH SERVICES ACT
§ 3-301. Short Title
Sections 3-301 through 3-319 of this title shall be known as the "Unified Community Mental Health Services Act".
§ 3-302. Definitions
As used in the Unified Community Mental Health Services Act:
1. "Certified behavioral health case manager" means any person who is certified by the Department of Mental Health and Substance Abuse Services to offer behavioral health case management services within the confines of a mental health facility, or services for alcohol and drug dependents, that is operated by the Department or contracts with the state to provide behavioral services;
2. "Case management" means the application of case management principles and practices of linking, advocacy and referral in partnership with the consumer to support the consumer in self-sufficiency and community tenure for consumers of mental health or substance abuse services;
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3. "Catchment area or service area" means a geographic area established by the Department of Mental Health and Substance Abuse Services;
4. "Community mental health center" means a facility offering:
a. a comprehensive array of community-based mental health services, including, but not limited to, outpatient treatment, emergency evaluation and care, consultation, education, rehabilitation services, and aftercare, and
b. certain services at the option of the center, including, but not limited to, inpatient treatment, training programs, and research and evaluation programs;
5. "Community mental health services", in conformance with federal requirements, means services for the treatment of mental illness and co-occurring substance abuse disorders, and the prevention, diagnosis, or rehabilitation of such persons;
6. "Mental health facility" means:
a. a community mental health center,
b. an outpatient facility offering diagnostic and treatment services,
c. a day care facility offering a treatment program for children or adults suffering from mental or emotional problems, or
d. community residential mental health programs and facilities which provide supervised residential care, counseling, case management or other similar services to children or adults suffering from mental or emotional problems; and
7. "Program of assertive community treatment" means a facility, agency or organization that offers or provides a self-contained clinical team, under the medical supervision of a licensed psychiatrist, to provide needed treatment, rehabilitation, and support services to individuals with serious mental illness who have severe symptoms and impairments not effectively remedied by available treatments or to individuals who resist or avoid involvement in other needed mental health services.
§§ 3-303 to 3-305. Repealed
§ 3-306. Board of Mental Health and Substance Abuse Services – Responsibilities and Authority
A. The Board of Mental Health and Substance Abuse Services shall have the responsibility and authority to:
1. Promulgate rules governing eligibility of public agencies or mental health facilities to contract with the Department of Mental Health and Substance Abuse Services;
2. Prescribe standards for qualifications of personnel and quality of professional services;
3. Ensure eligibility for community mental health services so that no person will be denied services on the basis of race, color or creed or inability to pay; and
4. Promulgate such other rules as may be necessary to carry out the provisions of the Unified Community Mental Health Services Act.
B. The Department shall have the following responsibilities and authority to:
1. Provide technical assistance to community mental health facilities and boards;
2. Provide clinical, fiscal and management audit of services and facilities;
3. Approve and compile catchment area plans and budget requests into a statewide mental health plan and budget for submission to the Governor, Legislature and federal funding sources as appropriate; and
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4. Assist mental health facilities in the recruitment of qualified personnel and in conducting in-service training programs.
§ 3-306.1. Rules and Standards for Certification as Community Mental Health Center
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of a facility or organization that desires to be certified as a community mental health center. No community mental health center shall operate or continue to operate unless the facility complies with the rules and standards promulgated by the Board and is certified as required by this section.
B. Applications for certification as a community mental health center shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the community mental health centers for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board.
C. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community mental health centers as provided in Section 3-324 of this title.
D. Certified community mental health centers shall comply with standards adopted by the Board. Such standards shall be in compliance with:
1. The Joint Commission on Accreditation of Healthcare Organizations;
2. The Commission on Accreditation of Rehabilitation Facilities; or
3. Approved medical and professional standards as determined by the Board.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§§ 3-307 to 3-309. Repealed
§ 3-310. Contracting Nonprofit Private Agencies to Submit Budget, Salary and Employee Benefits Information to Department
Any nonprofit private agency providing services pursuant to a contract or subcontract with the Department of Mental Health and Substance Abuse Services, the Board of Mental Health and Substance Abuse Services or any facility of the Department of Mental Health and Substance Abuse Services and receiving funds disbursed thereof shall submit information on operating budgets and employee salaries and benefits to the Department of Mental Health and Substance Abuse Services.
§ 3-311. Funds
The funds appropriated to the Department of Mental Health and Substance Abuse Services for the support of private nonprofit organizations and state-operated centers shall be administered pursuant to the provisions of the Unified Community Mental Health Services Act. Funds for the support of private nonprofit organizations shall be authorized by the Department of Mental Health and Substance Abuse Services only on the basis of performance contracts or fee-for-service contracts. Said funds may be reduced or withheld by the Commissioner in amounts necessary to require compliance with the provisions
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of the Unified Community Mental Health Services Act. Expenditures of said funds by public and private nonprofit organizations shall be subject to audit by the Department of Mental Health and Substance Abuse Services, which shall utilize audit procedures sufficient to ascertain the proper use of state monies by each recipient.
§§ 3-312 to 3-314.2. Repealed
§ 3-315. Minimum Standards for Program Certification for Community Residential Mental Health Programs – Classification – Termination – Fees – Compliance
A. The Board of Mental Health and Substance Abuse Services shall adopt minimum standards for program certification for residential care homes operating as community residential mental health programs as provided in this section. The standards shall be adopted as rules and promulgated by the Board of Mental Health and Substance Abuse Services pursuant to the provisions of the Administrative Procedures Act.
B. The program certification standards adopted by the Board shall provide for a system of classification of community residential mental health programs based upon the level of care required by residents of the facility and establish minimum program certification standards for each classification. The program certification standards adopted by the Board for each classification shall be such that residential care facilities having a valid contract with the Department and licensed by the State Department of Health on July 1, 1988, shall be qualified and eligible for program certification within an appropriate classification.
C. The Department shall terminate the contract of any home that fails to meet contract provisions regarding financial statements.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community residential mental health facilities and programs as provided in Section 3-324 of this title.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-315.1. Development and Implementation of Procedures that Offer Residential Care Facilities
The Department of Mental Health and Substance Abuse Services shall, with funds appropriated for community residential mental health facilities, develop and implement procedures that offer all residential care facilities that meet licensure requirements the opportunity to become certified and to contract for socialization or other supportive assistance services to residents authorized by the Department of Mental Health and Substance Abuse Services as needing those services. The funds provided for each client for supportive assistance or socialization shall follow the client in any residential setting.
§ 3-315.2. Repealed
§ 3-315.2a. Action for Injunction
A. The Attorney General, the Department of Mental Health and Substance Abuse Services or the district attorney of the appropriate district court may bring an action in a court of
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competent jurisdiction for an injunction against any substance abuse facility believed to be in violation of the Oklahoma Alcohol and Drug Act or any order or determination of the Department.
B. In any action for an injunction brought pursuant to this section, any findings of the Department, after hearing and due process, shall be prima facie evidence of the facts found therein.
C. The district court for the county where the facility is located has jurisdiction to determine the action, to grant the necessary injunctive relief and to award attorney fees to the prevailing party.
§ 3-316. Repealed
§ 3-317. Community-Based Structured Crisis Center – Certification – Operation – Compliance
A. The Board of Mental Health and Substance Abuse Services, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, shall certify community-based structured crisis centers for the provision of nonhospital emergency services for mental health and substance abuse crisis intervention. The Board shall promulgate rules for the certification of community-based structured crisis centers.
B. No community-based structured crisis center shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
C. For the purposes of this section, "community-based structured crisis center" means any certified community mental health center or facility operated by the Department which is established and maintained for the purpose of providing community-based mental health and substance abuse crisis stabilization services including, but not limited to, observation, evaluation, emergency treatment and referral, when necessary, for inpatient psychiatric or substance abuse treatment services.
D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community-based structured crisis centers as provided in Section 3-324 of this title.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-318. Rules and Standards for Certification of Behavioral Health Case Managers – Application for Certification – Fee – Titles – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of behavioral health case managers who are employed by the state or by behavioral services providers contracting with the state to provide behavioral health services. Such rules and standards shall address criteria for certification and renewal, including minimum education requirements, examination and supervision requirements, continuing education requirements, and rules of professional conduct.
B. Application for certification as a behavioral health case manager shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the
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Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the behavioral health case manager for a period of two (2) years subject to renewal as provided in the rules promulgated by the Board.
C. The Board is authorized to establish an application and renewal fee of no more than One Hundred Dollars ($100.00) to defray the costs incurred in the certification process.
D. Behavioral health case managers certified by the Board or the Commissioner shall only use the title "certified behavioral health case manager" if employed by the state or by behavioral services providers contracting with the state to provide behavioral health services. This section shall not be construed to permit the certified behavioral health case manager to practice any of the following professions or use the following titles unless also licensed or accredited by the appropriate authority: physician, psychologist, clinical social worker, professional counselor, marital and family therapist, behavioral practitioner, or alcohol and drug counselor.
E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
F. No behavioral health case manager shall operate or continue to operate as a behavioral health case manager unless the case manager complies with the rules promulgated by the Board and is certified as required by this section.
§ 3-319. Rules and Standards for Certification of Program of Assertive Community Treatment
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of facilities or organizations that desire to be certified as a program of assertive community treatment for the provision of community-based comprehensive treatment for persons with serious mental illness and related disorders.
B. Applications for certification as a program of assertive community treatment shall be made to the Department on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program of assertive community treatment for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of programs for assertive community treatment as provided in Section 3-324 of this title.
C. No program of assertive community treatment shall operate or continue to operate unless the program complies with the rules promulgated by the Board and is certified as required by this section.
D. Failure to comply with regulations and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
§ 3-320. Certified Eating Disorder Treatment Programs – Definition – Applications for Certification – Exemption – Fee – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for
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certification of eating disorder treatment programs and for private facilities and organizations that offer eating disorder treatment services in this state. Such facilities and organizations shall be known as "Certified Eating Disorder Treatment Programs".
B. For purposes of this section, "eating disorder treatment" means any treatment for anorexia nervosa, bulimia nervosa, or any other severe disturbances in eating behavior specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
C. Applications for certification as a certified eating disorder treatment program, pursuant to the provisions of this section, shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms. The Board, or the Commissioner upon delegation by the Board, may certify the program for a period of three (3) years subject to renewal as provided in the rules promulgated by the Board. Nothing in this section shall preclude the Department from making inspection visits to a program to determine program compliance.
D. Hospitals licensed by the State Department of Health shall be exempt from certification requirements. In addition, licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, registered nurses, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in their private practices and not to any eating disorder treatment program operated by such person.
E. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of eating disorder treatment programs as provided in Section 3-324 of this title.
F. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.
G. No eating disorder treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.
§ 3-321. Action for Injunction Against Eating Disorder Treatment Program
A. The Attorney General, the Department of Mental Health and Substance Abuse Services, or any district attorney may bring an action for an injunction against any eating disorder treatment program found to be in violation of the provisions of Section 16 of this act, or any order or determination of the Department.
B. In any action for an injunction brought pursuant to the provisions of this section, any findings of the Department, after hearing and due notice, shall be prima facie evidence of the facts found therein.
§ 3-322. Certified Gambling Addiction Treatment Programs – Rules – Applications for Certification – Exemption – Fee – Compliance
A. The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of gambling addiction treatment programs and for private facilities and organizations which offer
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gambling addiction treatment services in this state. These facilities and organizations shall be known as "Certified Gambling Addiction Treatment Programs".
B. Applications for certification as a certified gambling addiction treatment program, pursuant to th